RICARDO RAMIREZ, Claimant
v.
ARCONIC, INC., Employer,
and
INDEMNITY INSURANCE COMPANY OF NORTH AMERICA (LIBERTY MUTUAL INSURANCE), Insurance Carrier, Defendants.
No. 5066573
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 30, 2020
Head
Note No.: 1803
ARBITRATION DECISION
JAMES
F. CHRISTENSON, DEPUTY WORKERS’ COMPENSATION
COMMISSIONER
STATEMENT
OF THE CASE
Claimant,
Ricardo Ramirez, filed a petition in arbitration seeking
workers’ compensation benefits from Arconic, Inc.,
(Arconic) employer and Indemnity Insurance Company of North
America, insurer, both as defendants. This matter was heard
in Des Moines, Iowa on December 10, 2019 with a final
submission date of December 24, 2019.
The
record in this case consists of Claimant’s Exhibits 1-4
and 6-10, Defendants’ Exhibits A and B, and the
testimony of claimant. Exhibit B was paginated by the
undersigned for clarity of the record.
ISSUES
1. The
extent of claimant’s entitlement to permanent partial
disability benefits.
2.
Costs.
FINDINGS
OF FACT
On
November 8, 2017 claimant was pulling on Typar, a wrapping
material, to build a skid when he felt a pop in his right
shoulder. Claimant was treated by medical staff at Arconic.
Claimant was given ice to put on his shoulder. He was told to
continue to use ice and to use over-the-counter medication
for pain. (Exhibit B, page 5; Transcript p. 8; Ex. 7;
Deposition p. 22)
On or
about December 21, 2017 claimant underwent an MR Arthrogram
to the right shoulder. It showed a nearly circumferential
labral tear, severe AC joint degenerative changes, and a mild
supraspinatus tendinopathy. (Ex. 3, p. 9)
On
April 23, 2018 claimant was in a motor vehicle accident.
Claimant had complaints of pain in the neck, right shoulder,
leg and lower back. Claimant was assessed as having a motor
vehicle accident with cervicalgia. (Ex. 3, p. 9) There is no
evidence in the record this motor vehicle accident resulted
in any permanent impairment.
On May
25, 2018 claimant saw Suleman Hussain, M.D. Claimant had been
off work. Claimant was painting his home. Claimant had pain
in the right shoulder. Claimant was given a right shoulder
injection. (Ex. 3, p. 10)
Claimant
saw Dr. Hussain on July 18, 2018. Claimant had improving
labral tear pain in the right shoulder. Claimant was told to
finish with physical therapy and transition to a home
exercise program. Claimant was returned to work at full duty.
(Ex. 3, p. 10)
In a
March 10, 2019 letter, Dr. Hussain indicated claimant was
last seen on July 18, 2018. Dr. Hussain found claimant had a
two percent permanent impairment to the right upper extremity
based on figures 16-43 and 16-46 of the AMA Guides to the
Evaluation of Permanent Impairment. (Ex. 1) (Dr. Hussain
refers to “Table 16-43 and 16-46.” As there is no
“Table 16-43 and 16-46” in The Guides, it is
assumed the word “Table” is an error and the
reference was meant to be “Figure” 16-43 and
16-46).
Claimant
testified that at his last appointment with Dr. Hussain, the
doctor spent little time evaluating him. (Tr. p. 11)
In an
August 20, 2019 report, Sunil Bansal, M.D., gave his opinions
of claimant’s condition following an independent
medical evaluation (IME). Claimant had continued pain in the
right shoulder depending on activity. Claimant had pain with
range of...
