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...
