MABOOR HOU, Claimant
v.
SMITHFIELD FOODS, INC., Employer,
and
SAFETY NATIONAL CASUALTY CORP., Insurance Carrier, Defendants.
No. 5066327
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 13, 2020
Head
Note No.: 1803
ARBITRATION DECISION
JAMES
F. ELLIOTT DEPUTY WORKERS’ COMPENSATION COMMISSIONER
STATEMENT
OF THE CASE
Maboor
Hou, claimant, filed a petition in arbitration seeking
workers’ compensation benefits from Smithfield Foods,
Inc., as a result of an injury he sustained on July 7, 2018
that arose out of and in the course of his employment. This
case was heard in Des Moines, Iowa on January 7, 2020 and
fully submitted on January 9, 2020. The evidence in this case
consists of the testimony of claimant, Joint Exhibits 1 - 3,
Defendants Exhibits A - F and Claimant’s Exhibit 1. The
hearing was interpreted.
The
parties filed a hearing report at the commencement of the
arbitration hearing. On the hearing report, the parties
entered into various stipulations. All of those stipulations
were accepted and are hereby incorporated into this
arbitration decision and no factual or legal issues relative
to the parties’ stipulations will be raised or
discussed in this decision. The parties are now bound by
their stipulations.
ISSUES
The
extent of claimant’s disability.
Assessment
of costs.
FINDINGS
OF FACT
The
deputy workers' compensation commissioner, having heard
the testimony and considered the evidence in the record,
finds that:
Maboor
Hou, claimant, was 37 years old at the time of the hearing.
Claimant was born in South Sudan. His primary language is
Dinka. Before coming to the United States of America in 2001,
claimant lived in refugee camps in Ethiopia and Kenya.
Claimant was able to obtain about an eighth grade education.
He has some ability to speak English.
Claimant
worked two jobs in California before he started his
employment with Smithfield Foods, Inc. (Smithfield). Claimant
began working for Smithfield in Denison Iowa on January 30,
2018. (Exhibit A, page 1)
On July
7, 2018, claimant was working trimming loins working on a
special cut called the 79. Claimant felt pain in his right
shoulder and went to the company nurse. (Ex. 1, p. 1)
Claimant was provided ice and over-the-counter medication.
(Ex. A, p. 2) Claimant testified that he was initially
referred to Todd Woolen, M.D. and then had his care
transferred to Bradley Lister, M.D.
Dr.
Lister saw claimant on October 15, 2018 for an...
