JEFFREY ROCK, Claimant
v.
RIVER VALLEY COOPERATIVE,, Employer,
and,
UNION INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 5067226
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
March 10, 2020
Head
Note Nos. 1803, 2501, 2907
ARBITRATION DECISION
HEATHER L. PALMER DEPUTY WORKERS’ COMPENSATION
COMMISSIONER
Claimant
Jeffrey Rock filed a petition in arbitration on January 18,
2019, alleging he sustained an injury to his back on November
8, 2012, while working for the defendant, River Valley
Cooperative (“River Valley”). River Valley and
its insurer, the defendant, Union Insurance Company
(“Union”), filed an answer on February 6, 2019.
An
arbitration hearing was held in Des Moines, Iowa on January
13, 2020. Attorneys Andrew Bribriesco and Gabriela Navarro
represented Rock. Rock appeared and testified. Trina Rock,
Rock’s wife, also testified on Rock’s behalf.
Attorney Thomas Shires represented River Valley and Union.
Joint Exhibits (“JE”) 1 through 9 and 11 through
18 were admitted. The record was held open through February
10, 2020, for the receipt of post-hearing briefs. The briefs
were received and the record was closed.
At the
start of the hearing the parties submitted a hearing report,
listing stipulations and issues to be decided. River Valley
and Union waived all affirmative defenses.
STIPULATIONS
1. An
employer-employee relationship existed between River Valley
and Rock at the time of the alleged injury.
2. Rock
sustained an injury on November 8, 2012, which arose out of
and in the course of his employment with River Valley.
3. The
alleged injury is a cause of temporary disability during a
period of recovery.
4. The
alleged injury is a cause of permanent disability.
5.
Entitlement to temporary benefits is no longer in dispute.
6. The
disability is an industrial disability.
7. The
commencement date for permanent partial disability benefits
is October 20, 2014.
8. At
the time of the alleged injury Rock’s gross earnings
were $821.00 per week, he was married and entitled to four
exemptions, and the parties believe the weekly rate is
$560.20.
9.
Medical benefits are no longer in dispute.
10.
Prior to the hearing Rock was paid 100 weeks of compensation
at the rate of $560.20 per week.
11. The
costs listed in JE 6 have been paid.
ISSUES
1. What
is the extent of Rock’s disability?
2. Is
Rock entitled to mileage?
3.
Should costs be assessed against either party?
FINDINGS
OF FACT
Rock
lives in Atalissa with his wife Trina and their daughter.
(Transcript, pages 11, 22, 29) Rock graduated from high
school where he was an average student. (Tr., p. 22; JE 4, p.
3; JE 17, p. 2) After high school Rock completed a commercial
driver’s license (“CDL”) course at Kirkwood
Community College. (JE 4, p. 3; JE 17, p. 2) Rock does not
use computers or the internet well. (Tr., p. 14) At the time
of the hearing he was fifty-two. (Tr., p. 22)
At the
age of twelve, Rock started working with his father and
brothers performing farm labor during evenings and weekends
in exchange for meat from farmers. (Tr., p. 43) From 1990
through 2000, Rock worked as a truck driver for two
employers. (JE 4, p. 4) Rock worked for a grain processing
company as a laborer from 2000 through 2011, until a contract
dispute, and he returned to truck driving in 2011. (JE 4, p.
4)
In
August 2011, River Valley hired Rock as a full-time feed
delivery truck driver. (Tr., pp. 24-25; JE 4, p. 4; JE 17, p.
3) Rock delivers feed and uses an auger to fill the bulk feed
bins for each delivery. (Tr., p. 25) At the time of the
hearing Rock was working full time for River Valley,
performing the same hours and duties he performed before his
work injury. (Tr., pp. 14, 34) Since his work injury
Rock’s hourly wage has increased. (Tr., pp. 34-35)
In
August 2011, Ken Morrison Construction also hired Rock to
work part-time hauling equipment, including forklifts, a
bulldozer, and Bobcats to different job sites when he is not
working for River Valley. (Tr., pp. 19-20, 35-36; JE 4, p. 4)
Rock works for Ken Morrison Construction a maximum of ten
hours per week. (JE 4, p. 4) When Rock arrives the equipment
is loaded onto a trailer and he takes the equipment to the
next job site. (Tr., pp. 20, 36) Rock also hauls dirt for
Morrison using a dump truck Morrison owns. (Tr., p. 36) At
the time of the hearing Rock continued to work part-time for
Ken Morrison Construction. Rock has not looked for any
employment since his work injury. (Tr., p. 37)
On
November 8, 2012, Rock was working for River Valley driving a
truck in Illinois when his tire dropped off the road into a
sandy shoulder. (Tr., p. 24) Rock hit a culvert and the truck
flipped onto its side. (Tr., p. 24) Rock was transported to
the emergency room and admitted overnight. (Tr., p. 24; JE
17, p. 6)
After
he was released from the hospital, Rock received follow-up
care from Tariq Niazi, M.D., in Muscatine. (JE 17, p. 6) Rock
treated with Dr. Niazi for three months and he received
physical therapy. (JE 17, p. 6) Rock was initially off work
for a period of time. (JE 17, p. 7)
On July
10, 2013, Rock received lumbar spine magnetic resonance
imaging. (JE 15, p. 1) The reviewing radiologist listed an
impression of bilateral spondylolysis of L5 with grade 1
spondylolisthesis of L5 on S1, noted there was “severe
bilateral foraminal narrowing,” and mild degenerative
changes to the discs and facets within the lumbar spine. (JE
15, p. 1)
Dr.
Niazi referred Rock to Sergio Mendoza, M.D., an orthopedic
surgeon at the University of Iowa Hospitals and Clinics
(“UIHC”). On September 25, 2013, Rock attended an
appointment with Dr. Mendoza...
