Loew v. Menard, Inc., 013120 IAWC, 5057482

Case DateJanuary 31, 2020
CourtIowa
JUSTIN LOEW, Claimant
v.
MENARD, INC., Employer,
and
PRAETORIAN INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 5057482
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 31, 2020
         Head Note Nos: 1108.50; 1402.40; 1802; 1803; 2501; 2502; 2907; 3002; 5-9998           APPEAL DECISION           JOSEPH S. CORTESE, II WORKERS' COMPENSATION COMMISSIONER          Defendants Menard, Inc., employer, and its insurer, Praetorian Insurance Company, appeal from an arbitration decision filed on October 30, 2018. Claimant Justin Loew cross-appeals. The case was heard on January 29, 2018, and it was considered fully submitted in front of the deputy workers' compensation commissioner on February 19, 2018.          The deputy commissioner found claimant carried his burden of proof to establish that the first surgery he underwent on April 20, 2016, at the L5-S1 level of his low back on the left, and the second surgery he underwent on February 1, 2017, at the L4-5 level of his low back on the right, were both necessitated by the stipulated injury which occurred on March 19, 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 (PPD) benefits, commencing on May 17, 2017. The deputy commissioner found defendants are entitled to receive a total credit in the amount of $6,262.82 against the award for PPD benefits.          The deputy commissioner found claimant is entitled to receive additional healing period benefits from April 20, 2016, through August 31, 2016, and from September 28, 2016, through May 16, 2017.          The deputy commissioner found that the instant profit sharing (IPS) bonus received by claimant in February 2015 cannot properly be included in the calculation of claimant's gross average weekly wage for the work injury. The deputy commissioner found claimant's correct gross average weekly wage for the injury is $445.71, with the result that claimant's correct weekly benefit rate for the injury is...

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