ANTHONY OXLEY, Claimant
v.
LENNOX INDUSTRIES, Employer,
and,
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Insurance Carrier, Defendants.
No. 5067306
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
March 18, 2020
Head
Note Nos. 1100, 1801, 1800, 1803, 3000, 2700, 2500, 2501
ARBITRATION DECISION
NIFER
S. GERRISH-LAMPE DEPUTY WORKERS’ PENSATION COMMISSIONER
STATEMENT
OF THE CASE
Claimant,
Anthony Oxley, filed a petition on January 24, 2019, seeking
workers’ compensation benefits against Lennox
Industries, Inc., employer, and Indemnity Insurance Co. of
America, insurer, both as defendants, for an alleged work
injury dated October 8, 2018.
The
record consists of claimant’s testimony and joint
exhibits (JE) 1-5, claimant’s exhibits (CE)1-6, and
defendant exhibits (DE) A-F.
The
matter was heard in Des Moines, Iowa, on January 16, 2020 and
considered fully submitted upon the simultaneous filing of
briefs on January 30, 2020.
ISSUES
1.
Whether claimant sustained an injury arising out of and in
the course of employment on October 8, 2018; 2. Whether
claimant is entitled to temporary benefits from November 21,
2018 through January 7, 2019; 3. Whether claimant has
sustained a permanent, disabling loss and if so, the extent
of said loss; 4. The appropriate rate; 5. Whether claimant is
entitled to repayment of medical expenses in Claimant’s
Exhibit 3; 6. Whether claimant is entitled to future medical
care; 7. Assessment of costs.
STIPULATIONS
The
parties agree that at all times material hereto, claimant was
an employee of the defendant employer. During the period of
November 21, 2018, through January 7, 2019, claimant was off
work and if it is determined that defendants are liable for
the alleged injury, claimant is entitled to benefits for this
period of time. If there is an award of benefits, defendants
are entitled to a credit of $2,096.17 for short-term
disability benefits paid from November 21, 2018, through
January 7, 2019.
While
the parties disagree as to the causal connection between the
medical bills itemized in Exhibit 3, they do agree that the
fees or prices charged are fair and reasonable, the treatment
was reasonable and necessary, that the listed expenses are
causally connected to the medical condition upon which the
claim of injury is based.
The
parties agree claimant’s disputed injury has resulted
in a disability that is industrial in nature. At all times
material hereto, claimant was married and entitled to three
exemptions.
FINDINGS
OF FACT
At the
time of the hearing, claimant was a 60-year-old person. His
past educational history includes a GED obtained in 1978 and
an Associate’s Degree in 1987. He began working for
defendant employer in the early 1990s. At all times material
hereto, claimant was married with one dependent son.
Claimant’s past medical history is significant for
skull fracture, crush injury to left leg, bilateral lateral
epicondylitis, bilateral shoulder pain, right knee pain and
right third ring trigger finger. (DE C:13)
On or
about October 2018, claimant was a Replacement Operator. As a
Replacement Operator, he would float from station to station
and fill in for the operators while they were on vacation or
out ill. It was not a physically demanding position until a
tornado caused damage to the plant in July 2018. After a work
stoppage, claimant was assigned to deliver product to
different stations. He was required to push a cart through
the plant. When empty the cart weighed several hundred pounds
and when full, exceeded five hundred (500) pounds. The
condition of the plant made it difficult to maneuver as there
were many cables, hoses and other obstacles on the floor. At
times, he and a co-worker would have to lift the cart over
obstacles to navigate the work environment. Besides pushing
and lifting the cart, he would be required to load and unload
the product. Claimant testified that he was averaging 60-70
hours a week. This is not born out by the payment records. In
the wage calculation of the claimant, he worked 23.7 hours on
the low end and 53.5 hours on the high end. (CE 2:2) Most of
the weeks were between 37 to 42 hours with some outliers. (CE
2:2) To the extent that claimant’s testimony differs
from his time sheets, the time sheets are relied upon. It is
found that claimant worked around 40 hours per week in the 13
weeks preceding the work injury including the time period
after the plant damage in July 2018.
Claimant
was seen for chronic neck pain. (JE 2:4) At that time, he
reported a fever, muscle aches and joint pain but no
abdominal pain. (JE 2:4) He was prescribed hydrocodone 10 mg
along with acetaminophen. (JE 2:5)
On or
about September 2018, claimant testified he developed a
burning sensation on the right-side of his abdomen and a
bulge. A co-worker suggested that claimant may have a hernia.
Claimant scheduled an appointment with his primary care
provider, Steven Scurr, D.O. (JE 2:6)
Prior
to his appointment with Dr. Scurr, claimant saw the plant
nurse who scheduled him for an appointment at Ankeny Iowa
Ortho office. (JE 1:2) There was no mention of the groin pain
to the company nurse.
On
October 9, 2018, claimant saw Dr. Scurr who diagnosed
claimant with an inguinal hernia, however, Dr. Scurr was
uncertain as to the origin of the hernia. (JE 2:6) He wrote,
He is here today has had some pain in the...
