DONALD LEWIS, Claimant
v.
HILLTOP TIRE SERVICE, Employer,
and,
PEKIN INSURANCE, Insurance Carrier, Defendants.
No. 5058112
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 4, 2020
Head
Note Nos: 1108.50; 1402.30, 1803; 2907; 3001; 3002; 3800;
5-9998
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Defendants
Hilltop Tire Service, employer, and its insurer, Pekin
Insurance, appeal from an arbitration decision filed on
November 16, 2018. Claimant Donald Lewis cross-appeals. The
case was heard on February 6, 2018, and it was considered
fully submitted in front of the deputy workers'
compensation commissioner on February 28, 2018.
The
deputy commissioner found claimant carried his burden of
proof to establish he sustained permanent disability as a
result of the stipulated injury which occurred on November 3,
2015, which arose out of and in the course of claimant's
employment with defendant-employer. The deputy commissioner
found claimant sustained 30 percent industrial disability as
a result of the work injury, which entitles claimant to
receive 150 weeks of permanent partial disability benefits
commencing on June 2, 2016. The deputy commissioner found
claimant's correct gross average weekly wage for the work
injury is $864.65, with the result that claimant's
correct weekly benefit rate for the injury, classification
married with three exemptions, is $566.54. The deputy
commissioner found claimant is entitled to payment by
defendants for the past requested medical expenses, medical
mileage and claimant's out-of-pocket expenses itemized in
Exhibit 11. The deputy commissioner ordered defendants to pay
claimant's costs of the arbitration proceeding in the
amount of $952.92. Defendants assert on appeal that the
deputy commissioner erred in finding claimant carried his
burden of proof to establish he sustained permanent
disability as a result of the work injury. Defendants assert
the deputy commissioner erred in awarding claimant any
industrial disability. Defendants assert the deputy
commissioner erred in finding claimant's correct gross
average weekly wage...