DANIAL L. KLATT, Claimant
v.
CITY OF CEDAR FALLS, Employer, Self-Insured, Defendant.
No. 5064668
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
March 12, 2020
Head
Note Nos. 1803, 2907
ARBITRATION DECISION
STEPHANIE J. COPLEY, DEPUTY WORKERS’ COMPENSATION
COMMISSIONER
Claimant
Danial Klatt filed a petition in arbitration seeking
workers’ compensation benefits from defendant City of
Cedar Falls, self-insured employer. The hearing occurred
before Deputy Workers’ Compensation Commissioner
Michelle A. McGovern on July 17, 2019, in Des Moines, Iowa.
The
parties filed a hearing report at the commencement of the
arbitration hearing. In 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.
The
evidentiary record consists of Joint Exhibits 1 through 24.
Claimant testified on his own behalf, and there was
additional testimony from Tyler Griffin, Danny Surratt,
Rodney Smith, and Colleen Sole. The case was considered fully
submitted to Deputy Commissioner McGovern upon receipt of the
parties’ briefs on August 16, 2019.
Deputy
Commissioner McGovern recently retired from the agency.
Therefore, pursuant to Iowa Code section 17A.15(2),
Commissioner Cortese delegated this file to the undersigned
for preparation and filing of an arbitration decision.
Pursuant to Iowa Code section 17A.15(2), I asked of the
parties whether they believed demeanor of a witness is a
substantial factor in the case.
The
undersigned offered to hear those portions of the testimony
again for which demeanor was considered a substantial factor.
On March 6, 2020, defense counsel confirmed to me via email
that defendant has no objection to me drafting an arbitration
decision without further evidentiary hearing. On March 10,
2020, claimant’s counsel provided the same response.
Therefore, pursuant to Iowa Code section 17A.15(2) and the
Commissioner’s Order of Delegation filed on March 2,
2020, I performed a review of the evidentiary record in this
case and issue this arbitration decision at the direction of
the Commissioner.
ISSUES
The
parties submitted the following disputed issues for
resolution:
1. The extent of claimant’s industrial disability.
2. Costs.
FINDINGS
OF FACT
The
undersigned, having considered all of the evidence and
testimony in the record, finds:
Claimant
sustained a stipulated work-related injury to his right
shoulder on November 20, 2016. At the time of his injury...
