DUSANKA MUSTAFIC, Claimant
v.
TRINITY HEALTH CORPORATION d/b/a COVENANT MEDICAL CENTER, Employer,, Self-Insured, Defendant.
No. 5066543
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 10, 2020
Head
Note No. 1803
ARBITRATION DECISION
JENNIFER S. GERRISH-LAMPE DEPUTY WORKERS’ COMPENSATION
COMMISSIONER
STATEMENT
OF THE CASE
Claimant,
Dusanka Mustafic, filed a petition in arbitration seeking
workers’ compensation benefits against Covenant Medical
Center, a self-insured employer, for an accepted work injury
date of December 25, 2015.
The
case was heard on October 22, 2019, in Waterloo, Iowa. The
case was considered fully submitted on November 11, 2019,
upon the simultaneous filing of briefs.
The
record consists of Joint Exhibits 1-4, Defendant’s
Exhibits A-E, and the testimony of the claimant. Claimant
submitted an itemization of taxable costs.
ISSUE
Nature
and extent of permanent partial disability.
STIPULATIONS
The
parties filed a hearing report at the commencement of the
arbitration hearing. On the hearing report, the parties
entered into various stipulations. All of those stipulations
were accepted and are hereby incorporated into this
arbitration decision and no factual or legal issues relative
to the parties’ stipulations will be raised or
discussed in this decision. The parties are now bound by
their stipulations.
The
parties stipulated claimant sustained a work related injury
on or about December 25, 2015. As a result of this injury,
claimant suffered both temporary and permanent disabilities.
Entitlement to temporary benefits is no longer in dispute.
The
permanent disability is industrial in nature and commencement
date for permanent partial disability benefits is January 12,
2018. At the time of the injury, the claimant’s gross
earnings were $1,109.00 per week. She was married and
entitled to three exemptions. The weekly benefit rate is
$704.51. Claimant has been paid 95.62 weeks of permanent
partial disability compensation with 35 weeks paid for a
prior claim and $42,707.40 (60.62 weeks) paid in benefits for
the current claim.
Prior
to the hearing, the claimant paid $100.00 as a filing fee and
$147.20 in deposition costs.
FINDINGS
OF FACT
Claimant
was a 61-year-old person at the time of the hearing. She left
Bosnia at the age of 35 and immigrated to the United States.
Prior to her departure, she worked as an accountant but those
skills were not transferable. Claimant speaks four languages
including Russian, English, Serbian and Croatian. At one time
she served as a translator.
She
worked at a factory building printers, as a teller at
Walmart, and a food server. She then undertook nursing
training. She started working for defendant employer as an
LPN and then as an RN after passing her examinations in
February 2008. Since then, she has worked at the outpatient
clinic where patients would come for small outpatient
procedures.
Her
work duties are articulated in Exhibit E. Her physical duties
include lifting and carrying as well as pushing and...
