PATRICK MULLALEY, Claimant
v.
LYONDELL CHEMICAL COMPANY, Employer,
and,
ACE AMERICAN INSURANCE COMPANY, Insurance Carrier, and, SECOND INJURY FUND OF IOWA, Defendants.
No. 5058827
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 29, 2020
Head
Note Nos: 1402.30; 2206; 2209; 2401; 3202; 5-9998
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Claimant
Patrick Mullaley appeals from an arbitration decision filed
on November 29, 2018. Defendants Lyondell Chemical Company,
employer, and its insurer, Ace American Insurance Company,
and defendant Second Injury Fund of Iowa (the Fund), respond
to the appeal. The case was heard on June 18, 2018, and it
was considered fully submitted in front of the deputy
workers' compensation commissioner on August 8, 2018.
The
deputy commissioner found claimant failed to carry his burden
of proof to establish he sustained an injury that arose out
of and in the course of his employment with
defendant-employer on or about November 12, 2015. The deputy
commissioner found claimant failed to prove his pre-existing
right wrist condition was caused by, or was materially
aggravated by, or was materially accelerated by, his
employment with defendant-employer. The deputy commissioner
also found claimant is barred from any recovery in this
matter because the deputy commissioner found defendants
employer and insurer carried their burden of proof to
establish their affirmative defense that claimant failed to
provide defendants employer and insurer with notice of the
alleged work injury within 90 days after it allegedly
occurred. The deputy commissioner found claimant, as a
reasonable person either was, or should have been, aware of
the seriousness and potential compensability of the alleged
injury no later than September 13, 2016, but did not provide
defendants employer and insurer with notice of the alleged
injury until April of 2017, which was significantly more than
90 days. Because the deputy commissioner found claimant
failed to prove causation and compensability and because the
deputy commissioner found this claim is barred by the 90-day
notice...
