TERRY SANDBERG, Claimant
v.
CROELL REDI-MIX, INC., Employer,
and
OLD REPUBLIC INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 5060861
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 20, 2020
Head
Notes: 1108.50; 1402.40; 1703; 1803; 2600; 2907; 4000; 5-9999
APPEAL DECISION
JOSEPH
S. CORTESE, II WORKERS' COMPENSATION COMMISSIONER
Defendants
Croell Redi-Mix, Inc., employer, and its insurer, Old
Republic Insurance Company, appeal from an arbitration
decision filed on February 21, 2019. Claimant Terry Sandberg
responds to the appeal. The case was heard on January 17,
2019, and it was considered fully submitted in front of the
deputy workers' compensation commissioner on February 8,
2019.
The
deputy commissioner found claimant carried his burden of
proof to establish he sustained permanent disability as a
result of the stipulated injury which arose out of and in the
course of his employment with defendant-employer on December
29, 2014. The deputy commissioner found claimant sustained 25
percent industrial disability as a result of the work injury,
which entitles him to receive 125 weeks of permanent partial
disability (PPD) benefits commencing on February 16, 2016.
The deputy commissioner found that due to an overpayment of
temporary total disability benefits, defendants are entitled
to a credit of $1,223.82 against their liability for a
subsequent injury.1 The deputy commissioner found that due to
an unreasonable underpayment of weekly benefits, claimant is
entitled to receive penalty benefits from defendants in the
amount of $2,000.00. The deputy commissioner ordered
defendants to pay claimant's costs of the arbitration
proceeding in the amount of $511.54.
Defendants
assert on appeal that the deputy commissioner erred in
finding claimant carried his burden of proof to establish he
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...
