JOHN HILL, Claimant
v.
VERMEER CORPORATION, Self-Insured Employer, Defendant.
No. 5066032
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 7, 2021
Head
Note Nos.: 1402.40, 1803
APPEAL DECISION
MICHAEL J. LUNN, II WORKERS' COMPENSATION COMMISSIONER
Defendant
Vermeer Corporation, self-insured employer, appeals from an
arbitration decision filed on September 27, 2018. Claimant
John Hill responds to the appeal. The case was heard on July
31, 2018, and it was considered fully submitted in front of
the deputy workers' compensation commissioner on August
31, 2018.
On
January 16, 2020, the Iowa Workers' Compensation
Commissioner delegated authority to the undersigned to enter
a final agency decision in this matter. Therefore, this
appeal decision is entered as final agency action pursuant to
Iowa Code section 17A.15(3) and Iowa Code section 86.24.
In the
arbitration decision, the deputy commissioner found claimant
sustained permanent impairment as a result of the stipulated
work injury. In making this finding, the deputy commissioner
found that claimant's condition was causally related to
the stipulated injury as opposed to any actions taken by
claimant subsequent to his placement at maximum medical
improvement. As such, the deputy commissioner ordered the
defendant to pay all causally related medical bills. The
deputy commissioner found claimant sustained eight percent
impairment to the left upper extremity as a result of the
work injury. The deputy commissioner ordered defendant to pay
penalty benefits. Lastly, the deputy commissioner ordered
defendant to pay a prorated portion of Robin Sassman,
M.D.'s independent medical examination.
On
appeal, defendant asserts the deputy commissioner erred in
finding claimant demonstrated a causal connection between his
work injury and his current condition. Defendant further
asserts the deputy commissioner erred in finding claimant
sustained permanent impairment as a result of the stipulated
work injury. Lastly, the defendant asserts the deputy
commissioner erred in assigning penalty benefits.
Claimant
asserts the arbitration decision should be affirmed in its
entirety. Claimant further asserts the deputy commissioner
erred in not awarding additional penalty benefits for
defendant's failure to investigate the extent of
permanent disability and associated refusal to pay PPD
benefits.
I
performed a de novo review of the evidentiary record before
the presiding deputy workers' compensation commissioner
and the detailed arguments of the parties. Pursuant to Iowa
Code section 86.24 and 17A.15, those portions of the proposed
arbitration decision filed on September 27, 2018, that relate
to issues properly raised on intra-agency appeal are affirmed
in part, and modified in part.
I
affirm the deputy commissioner's finding claimant met his
burden of proving he sustained permanent disability as a
result of the work-related injury. Likewise, I affirm the
deputy commissioner's finding claimant met his burden of
proving the work-related injury is the proximate cause of his
disability and need for medical treatment without additional
comment.
I
affirm the deputy commissioner's award of penalty
benefits based on defendant's failure to communicate the
basis of its denial to claimant at or about the time of the
denial without additional comment.
I
modify the deputy commissioner's finding that claimant
sustained permanent scheduled member functional disability of
eight percent of the left upper extremity based on the
impairment rating of Dr. Sassman. Based solely on Dr.
Sassman's impairment ratings for loss of flexion and
supination range of motion, I find claimant sustained...
