Heafey v. Pella Corp., 012821 IAWC, 5021601

• Case Date: January 28, 2021
• Court: Iowa

NINA HEAFEY, Claimant, v. PELLA CORPORATION Employer, Defendant. No. 5021601 Iowa Workers Compensation Before The Iowa Workers’ Compensation Commissioner January 28, 2021          RULING ON MOTION FOR REHEARING           ANDREW M. PHILLIPS' DEPUTY WORKERS’COMPENSATION COMMISSIONER          A hearing was held on October 7, 2020. The undersigned issued a partial commutation decision on December 18, 2020. The decision ordered as follows:

Defendant shall pay the claimant a lump sum payment of future weekly benefits of one thousand two hundred four (1,204) weeks of the back end of permanent total disability benefits awarded in the February 18, 2008 arbitration decision.

Defendant shall receive a credit for all benefits paid from the date of the filing of the petition until the date the partial commutation is paid.

Claimant’s right to medical benefits under Iowa Code section 85.27 shall remain unaffected by this decision.

Defendant is assessed one hundred and 00/100 dollars ($100.00) for the filing fee.

That defendant shall file subsequent reports of injury (SROI) as required by this agency pursuant to 876 I.A.C. 3.1(2) and 876 I.A.C. 11.7.

         (Arbitration Decision, page 19).          On January 5, 2021, at approximately 4:29 p.m., the respondent employer, Pella Corporation (“Pella”), filed a motion for rehearing of the partial commutation decision. Pella requests a clarification of the amount of the partial commutation amount. Specifically, whether the award is $184,999.71 or $184,500.00. Pella further requests clarification as to whether or not the last week of benefits should be included in the partial commutation. Pella also restates some of its arguments as to whether or not the granting of a partial commutation is appropriate.          On January 5, 2021, at approximately 10:03 p.m., the claimant filed an application for rehearing of the partial commutation. The claimant alleges that the undersigned utilized the incorrect interest calculation in arriving at a final determination. On January 8, 2021, Pella filed a response/resistance to the claimant’s application for rehearing...