KELLIE RUSH, Claimant
v.
CATHOLIC HEALTH INITIATIVES d/b/a MERCY MEDICAL CENTER, Employer,
and,
INDEMNITY INSURANCE CO. OF NORTH AMERICA,Insurance Carrier, Defendants.
No. 5059072
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 24, 2020
Head
Note Nos: 1402.40; 1803; 2206; 2701; 2907; 5-9998
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Defendants
Catholic Health Initiatives, d/b/a Mercy Medical Center,
employer, and its insurer, Indemnity Insurance Co. of North
America, appeal from an arbitration decision filed on October
26, 2018. Claimant Kellie Rush responds to the appeal. The
case was heard on September 28, 2018, and it was considered
fully submitted in front of the deputy workers'
compensation commissioner on October 19, 2018.
The
deputy commissioner found claimant carried her burden of
proof to establish she sustained permanent disability as a
result of the stipulated injury which arose out of and in the
course of her employment with defendant-employer on March 21,
2017. The deputy commissioner found claimant sustained 40
percent industrial disability as a result of the work injury,
which entitles her to receive 200 weeks of permanent partial
disability benefits commencing on June 21, 2017. The deputy
commissioner found claimant is entitled to receive alternate
medical care consisting of an evaluation with a pain
specialist, and an evaluation at a spine clinic, at a
facility or facilities other than Iowa Ortho and not
associated with defendant-employer. The deputy commissioner
ordered defendants to pay claimant's costs of the
arbitration proceeding in the amount of $887.67.
Defendants
asserts on appeal that the deputy commissioner erred in
finding claimant carried her burden of proof to establish she
sustained permanent disability as a result of the work
injury. Defendants assert the deputy commissioner erred in
finding claimant is entitled to receive any industrial
disability benefits for the work injury. In the alternative,
defendants assert the award for industrial disability should
be reduced substantially. Defendants assert the...
