BRYAN NOLAN, Claimant
v.
CITY OF DAVENPORT, Employer,, Self-Insured, Defendant.
No. 5014177
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
March 25, 2020
Head
Notes: 3303.20; 5-9999
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Defendant
City of Davenport, self-insured employer, appeals from a
ruling on petition for partial commutation filed on May 9,
2019. Claimant Bryan Nolan responds to the appeal. The case
was heard on April 4, 2019, and it was considered fully
submitted in front of the deputy workers' compensation
commissioner on May 3, 2019.
In the
arbitration decision filed in this case on February 28, 2005,
a deputy workers' compensation commissioner found
claimant sustained permanent total disability as a result of
a work-related injury which occurred on January 7, 2003. The
arbitration decision awarded claimant permanent total
disability benefits commencing on January 7, 2003. The
February 28, 2005, arbitration decision was affirmed by the
workers' compensation commissioner on December 30, 2005.
Defendant subsequently filed a review-reopening petition. A
deputy workers' compensation commissioner issued a
review-reopening decision on January 2, 2014, finding
defendant failed to carry its burden of proof that claimant
sustained a change in condition that would justify a change
in the arbitration award of February 28, 2005. Claimant filed
a petition for partial commutation in this matter on June 23,
2017. In the partial commutation decision filed on May 9,
2019, the deputy commissioner found claimant carried his
burden of proof to establish that a partial commutation of
his February 28, 2005, permanent total disability award for
the work injuries of January 7, 2003, is in claimant's
best interest. Defendant asserts on appeal that the deputy
commissioner erred in finding claimant carried his burden of
proof that the partial commutation is in claimant's best
interest. Claimant asserts on appeal that the partial
commutation decision should be affirmed in its entirety.
Those
portions of the proposed agency decision pertaining to issues...
