BARBARA NUNN, Claimant
v.
NORTHLAND RESTAURANT GROUP, LLC, Employer,
and
ACCIDENT FUND GENERAL INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 5066818
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
March 4, 2020
Head
Note Nos. 1403.30, 1601, 2701
ARBITRATION DECISION
JAMES
F. CHRISTENSON, DEPUTY WORKERS’ COMPENSATION
COMMISSIONER
STATEMENT
OF THE CASE
Claimant,
Barbara Nunn, filed a petition in arbitration seeking
workers’ compensation benefits from Northland
Restaurant Group, LLC, (Hardees), employer and Accident Fund
General Insurance Company, insurer, both as defendants. This
case was heard in Des Moines, Iowa on January 14, 2020.
The
record in this case consists of Joint Exhibits 1-4,
Claimant’s Exhibits 1-6, Defendants’ Exhibits A
through C, and the testimony of claimant.
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.
ISSUES
1.
Whether claimant’s claim for benefits is barred by
application of Iowa Code section 85.16(2).
2.
Whether claimant is entitled to alternate medical care under
Iowa Code section 85.27.
3.
Costs.
FINDINGS
OF FACT
Claimant
was 55 years old at the time of hearing. Claimant works as a
cook at Hardees. As a cook, claimant cleaned dishes, made
biscuits and prepared sausage and eggs. Claimant alleged a
date of injury of February 26, 2018. Claimant testified prior
to the date of injury she had worked at the Hardees for
approximately three weeks.
Claimant’s
prior history is relevant. In 2002 claimant worked at a
Waffle House restaurant in Florida. In that year claimant was
shot in the head while two of her coworkers were murdered
execution-style by a man robbing the restaurant. (Exhibit B2)
Claimant testified she received Social Security Disability
benefits related to the injury. (Transcript page 47) Claimant
testified she has throbbing in her head due to bullet
fragments still in her head. She said to ease pain, to help
her relax, and to help her sleep, she smokes marijuana, at
night, before she goes to bed. (Tr. pp. 49-50) Claimant
testified she does not smoke marijuana in the mornings before
she goes to work. (Tr. p. 35)
Claimant
worked in the morning at Hardees. Claimant said she usually
began her work day at approximately 4:30 a.m. On February 26,
2018 claimant was putting dishes away shortly after she came
to work. She said a circular blade, used on a machine to cut
lettuce and tomatoes, was sitting on a shelf above her.
Claimant said she pushed the blade back to keep it from
falling and continued to put away dishes. Claimant said the
blade fell off the shelf and cut her right hand near the base
of her index finger. (Tr. pp. 21, 44)
Claimant
drove herself to the emergency department at Genesis Medical
Center. Claimant had a “knife” cut her right
index finger at work after it fell off a shelf. (Joint
Exhibit 1, page 1) Claimant had a 2.5 centimeter laceration
on the dorsal portion of the right hand near the index finger
approaching the first web space. (Jt. Ex. 1, p. 3) Claimant
was assessed as...
