ROQUE PLEITEZ, Claimant
v.
STONE HOUSE KITCHENS & GRANITE, LLC, Employer
and
THE HARTFORD, Insurance Carrier, Defendants.
No. 5059473
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 9, 2020
Head
Note Nos: 1402.40; 1803; 1803.1; 2907; 5-9998
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Claimant
Roque Pleitez appeals from an arbitration decision filed on
September 20, 2018. Defendants Stone House Kitchens &
Granite, LLC, employer, and its insurer, The Hartford,
respond to the appeal. This case was heard on August 20,
2018, and it was considered fully submitted in front of the
deputy workers' compensation commissioner on September
11, 2018.
The
deputy commissioner found claimant failed to carry his burden
of proof to establish his permanent disability resulting from
the stipulated November 11, 2015, work-related injury extends
beyond his right foot into his body as a whole. The deputy
commissioner found claimant sustained scheduled member
functional disability of 64 percent of the right foot as a
result of the work injury, which entitles claimant to receive
96 weeks of permanent partial disability benefits commencing
on January 9, 2017. The deputy commissioner found defendants
underpaid all weekly benefits paid prior to the arbitration
hearing by 52 cents per week and the deputy commissioner
ordered defendants to correct the underpayment. The deputy
commissioner ordered defendants to pay claimant costs of the
arbitration proceeding in the amount of $113.42.
On
appeal, claimant asserts the deputy commissioner erred in
finding claimant failed to prove his permanent disability
resulting from the work injury does not extend into his body
as a whole. Claimant asserts the deputy commissioner erred in
failing to award claimant substantial industrial disability
for the work injury.
Defendants
assert on appeal that the arbitration decision should be
affirmed in its entirety.
Those
portions of the proposed agency decision pertaining to issues
not raised on appeal are adopted as a part of this appeal...
