Lewis v. Hilltop Tire Service, 020420 IAWC, 5058112

Case DateFebruary 04, 2020
CourtIowa
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...

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