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...
