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...