Ramsey v. City of North Liberty, 012021 IAWC, 5063830

Docket Nº5063830
Case DateJanuary 20, 2021
CourtIowa
DAVID RAMSEY, Claimant,
v.
CITY OF NORTH LIBERTY, Employer,
and
EMC INSURANCE COMPANIES, Insurance Carrier, Defendants.
No. 5063830
Iowa Workers Compensation
Before the Iowa Workers’ Compensation Commissioner
January 20, 2021
         Head Notes: 1403.30; 2402; 2501; 2502; 2503; 2907; 4000.2; 5-9998          APPEAL DECISION           JOSEPH S. CORTESE II WORKERS' COMPENSATION COMMISSIONER          Claimant David Ramsey appeals from an arbitration decision filed on April 9, 2020. Defendants City of North Liberty, employer, and its insurer, EMC Insurance Companies, respond to the appeal. The case was heard on May 14, 2019, and it was considered fully submitted in front of the deputy workers' compensation commissioner on July 15, 2019.          The deputy commissioner found claimant's claim for weekly workers' compensation benefits for the stipulated January 15, 2007, work injury is barred by the three-year statute of limitations contained in Iowa Code section 85.26(1), which the deputy commissioner found expired on January 26, 2010. The deputy commissioner found claimant failed to carry his burden of proof to establish that defendants paid claimant wages in lieu of weekly workers' compensation benefits at any time after January 26, 2007. The deputy commissioner found that because claimant did not file his original notice and petition until May 7, 2018, more than eight years after the statute of limitations expired on January 26, 2010, the deputy commissioner found claimant is not entitled to receive weekly workers' compensation benefits. The deputy commissioner found claimant is not entitled to receive penalty benefits from defendants.          The deputy commissioner found claimant is entitled to receive medical benefits for the work injury. The deputy commissioner found claimant is entitled to receive reimbursement from defendants in the amount of $211.47 for causally-related medical transportation expenses. The deputy commissioner found defendants remain responsible for all future, causally-related medical treatment necessitated by the work injury. The deputy commissioner found that pursuant to Iowa Code section 85.39, claimant is entitled to receive...

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