Lippold v. Ceco Concrete Construction, LLC, 011420 IAWC, 5058061

Case DateJanuary 14, 2020
CourtIowa
BRIAN E. LIPPOLD, Claimant
v.
CECO CONCRETE CONSTRUCTION, LLC, Employer,, and, AMERICAN ZURICH INSURANCE COMPANY, Insurance Carrier, and SECOND INJURY FUND OF IOWA, Defendants.
No. 5058061
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 14, 2020
         Head Note Nos: 1402.40; 1803; 1803.1; 2907, 3202; 5-9998           APPEAL DECISION           JOSEPH S. CORTESE II WORKERS' COMPENSATION COMMISSIONER          Claimant Brian E. Lippold appeals from an arbitration decision filed on November 6, 2018. Defendants CECO Concrete Construction, LLC, employer, and its insurer, American Zurich Insurance Company, and defendant Second Injury Fund of Iowa (the Fund), respond to the appeal. The case was heard on May 31, 2018, and it was considered fully submitted in front of the deputy workers' compensation commissioner on July 9, 2018.          The deputy commissioner determined claimant carried his burden of proof to establish that the permanent disability he sustained as a result of the stipulated October 27, 2015, work-related injury extends beyond his left lower extremity into his body as a whole. The deputy commissioner found claimant sustained 75 percent industrial disability as a result of the work injury, which entitles claimant to receive 375 weeks of permanent partial disability benefits from defendants employer and insurer commencing on August 18, 2017. The deputy commissioner found claimant failed to carry his burden of proof to establish he is permanently and totally disabled under either the traditional industrial disability analysis or under the odd-lot analysis as a result of the work injury.          The deputy commissioner found that because claimant's permanent disability resulting from the work injury extends beyond his left lower extremity into his body as a whole, claimant is not entitled to receive benefits from the Fund. The deputy commissioner ordered defendants employer and insurer to pay claimant's costs of the arbitration proceeding in the amount of $628.65.          Claimant asserts on appeal that the deputy commissioner erred in finding claimant failed to carry his burden of proof to establish...

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