Martin v. Grain, 012721 IAWC, 5064897

Docket Nº5064897
Case DateJanuary 27, 2021
CourtIowa
RICKY MARTIN, Claimant,
v.
EARLING GRAIN AND FEED, Employer,
and
FIREMAN'S INSURANCE COMPANY OF WASHINGTON, D.C., Insurance Carrier, Defendants.
No. 5064897
Iowa Workers Compensation
Before The Iowa Workers’ Compensation Commissioner
January 27, 2021
         Head Notes: 1402.40; 1804; 2502; 2907           APPEAL DECISION           JOSEPH S. CORTESE II WORKERS' COMPENSATION COMMISSIONER          Defendants Earling Grain and Feed, employer, and its insurer, Fireman's Insurance Company of Washington, D.C., appeal from an arbitration decision filed on July 1, 2020. Claimant Ricky Martin cross-appeals. The case was heard on October 15, 2019, and it was considered fully submitted in front of the deputy workers' compensation commissioner on March 2, 2020.          In the arbitration decision, the deputy commissioner found claimant carried his burden of proof to establish he sustained permanent disability as a result of the stipulated work injury, which occurred on July 21, 2017. The deputy commissioner found claimant reached MMI on March 25, 2019. After considering all relevant factors, the deputy commissioner found claimant sustained permanent total disability from the work injury under the traditional industrial disability analysis. The deputy commissioner declared March 25, 2019, as the commencement date for permanent total disability benefits. The deputy commissioner found that pursuant to iowa Code section 85.39, claimant is not entitled to reimbursement from defendants for the independent medical evaluation (IME) of claimant by John D. Kuhnlein, D.O. Lastly, the deputy commissioner ordered defendants to pay claimant's costs of the arbitration proceeding.          On appeal, defendants assert the deputy commissioner erred in finding claimant reached MMI for the work injury. Accordingly, defendants assert the extent of claimant's entitlement to permanent partial disability benefits is not ripe for determination at this time. Defendants alternatively assert the deputy commissioner erred in finding claimant proved he is permanently and totally disabled. In that regard, defendants assert claimant was not credible, and defendants assert claimant...

To continue reading

Request your trial