MELISSA A. HOUSLEY f/k/a MILLS, Claimant
v.
EAST PENN MANUFACTURING COMPANY, INC., Employer,
and,
SENTINEL INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 5060197
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 28, 2020
Head
Note No. 1803
ARBITRAT ION DECISION
JOSEPH
L. WALSH DEPUTY WORKERS’ COMPENSATION COMMISSIONER
STATEMENT
OF THE CASE
Melissa
A. Housley f/k/a Mills filed two petitions for arbitration
seeking workers’ compensation benefits from, the
employer, East Penn Manufacturing Company, Inc., and Sentinel
Insurance Company, the insurance carrier.
The
matter came on for hearing on February 11, 2019, before
Deputy Workers’ Compensation Commissioner Joseph L.
Walsh in Des Moines, Iowa. The record in the case consists of
Joint Exhibits 1 through 15; Claimant’s Exhibits 1
through 7 and Defendants’ exhibits A through L, as well
the sworn testimony of claimant. Cathy Penniston was
appointed court reporter. The parties argued this case and
the matter was fully submitted on March 25, 2019.
ISSUES
AND STIPULATIONS
A No.
of issues were stipulated prior to hearing through the
Hearing Report. All stipulations contained in the Hearing
Report are approved and deemed enforceable at this time.
Claimant suffered two successive injuries which arose out of
and in the course of her employment. The first was on July 8,
2014 (File No. 5060197). The second was September 10, 2015
(File No. 5060198). The defendants concede she suffered some
temporary disability during a period of recovery for these
injuries, however, deny that either injury resulted in
permanent disability.
FINDINGS
OF FACT
Melissa
Housley, formerly known as Melissa Mills, was 38 years old at
the time of hearing. She testified live and under oath at
hearing. She was highly credible. Her testimony was
consistent with other portions of the record. She was a good
historian. There was nothing about her demeanor which caused
me any concern regarding her truthfulness.
Ms.
Housley was single in 2014 and 2015. She married Shad Housley
in 2017. They live in Corydon, Iowa. She is a high school
graduate of Russell Community School and she attended a year
of school at Hamilton Business College. She also earned a CNA
Certificate from Indian Hills Community College. She has
worked as a teaching monitor, a nurse’s aide (CNA) and
in manufacturing. She is right-handed.
She
began working for the employer in this case, East Penn
Manufacturing (hereafter, “East Penn”) in 2012.
She passed a pre-employment physical in June 2012, which
allowed her to work for the employer without restrictions.
(Joint Exhibit 1, page 4) She initially worked in assembly
where her primary duties were moving auto batteries from a
conveyor belt onto a pallet. (Transcript, page 28) She moved
to the shipping area in May 2014. In shipping, her job was to
fill the batteries with acid, affix stickers to them and ship
them out. (Tr., p. 29) The batteries were heavier once they
were filled with the acid. Prior to her injury, she worked
full-time and earned $13.13 per hour in 2014 and $13.48 per
hour in 2015. Her average weekly wages are best reflected in
Defendants’ Exhibits A and B.
On July
9, 2014, Ms. Housley suffered an injury which arose out of
and in the course of her employment for East Penn. While
attempting to move a heavy battery from a conveyor belt to a
pallet, her right shoulder popped. An injury report was
prepared. (Cl. Ex. 4, p. 27) The following day, she was seen
at South Central Iowa Medical Clinic where the injury is
well-documented. She was diagnosed with a right shoulder
strain/sprain and physical therapy was ordered. (Jt. Ex. 1,
p. 19) Conservative treatment of diagnostic imaging, physical
therapy, medications and restrictions continued thereafter
for several weeks. (Jt. Ex. 1, pp. 20-28; Jt. Ex. 2) In
August 2014, she was seen by Shehada Homedan, M.D., who
documented the injury and her symptoms and diagnosed a
suspected right shoulder labral tear. (Jt. Ex. 3, p. 167) Dr.
Homedan continued with the conservative care and provided a
cortisone injection. After months of conservative care, Ms.
Housley was finally referred to Christopher Vincent, M.D.,
who performed surgery on February 10, 2015. (Jt. Ex. 4, p.
163) The surgery was described as right shoulder arthroscopy
with Mumford procedure and distal clavicle excision.
On July
30, 2015, Ms. Housley underwent a functional capacity
evaluation (FCE) which recommended a 40-pound lifting
restriction and placed her in the medium work category. (Jt.
Ex. 7, pp. 178-179) Dr. Vincent released claimant to return
to work on August 10, 2015. Dr. Vincent opined Ms. Housley
had sustained a 3 percent whole body impairment rating. (Jt.
Ex. 5, p. 175)
On
September 10, 2015, Ms. Housley sustained a second injury to
her right shoulder which arose out of and in the course of
her employment. Again, this injury is stipulated. She was
moving a heavy battery when her arm “gave out.”
(Cl. Ex. 4, p. 28) She was again treated conservatively with
diagnostic tests, restrictions, injections and medication
management. (Jt. Exs. 9, 10) Ms. Housley saw several other
specialists during this period of time including Jason
Sullivan, M.D., John Rayburn, M.D., Ojiaku Ikezuagu, M.D.,
and Mark Kirkland, D.O. There was some debate or discussion
during this timeframe of the precise diagnosis. She was
eventually referred to Richard Goding, M.D. Dr. Goding
eventually performed surgery on June 20, 2017. This surgery
was described as right shoulder biceps tenodesis and
subacromial decompression. (Jt. Ex. 12...
