MARSHALL SANDLIN, Claimant,
v.
MID AMERICAN CONSTRUCTION, LLC, Employer,
and
GRINNELL MUTUAL, Insurance Carrier,, Defendants.
No. 5806495
Iowa Workers Compensation
Before the Iowa Workers’ Compensation Commissioner
January 27, 2021
Head
Notes: 1402.40; 1803; 2502; 2907; 5-9999
APPEAL
DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Defendants
Mid American Construction, LLC, employer, and its insurer,
Grinnell Mutual, appeal from an arbitration decision filed on
June 18, 2020, and from a ruling on defendants'
application for rehearing (hereinafter "ruling")
filed on July 13, 2020. Claimant Marshall Sandlin
cross-appeals. The case was heard on September 5, 2019, and
it was considered fully submitted in front of the deputy
workers' compensation commissioner on October 2, 2019.
In the
arbitration decision, the deputy commissioner found
claimant's stipulated work-related injury which occurred
on Septembers, 2017 resulted in two percent permanent
scheduled member functional disability of his left leg. The
deputy commissioner found claimant is entitled to
reimbursement for his independent medical examination (IME)
with Mark Taylor, M.D. The deputy commissioner also ordered
defendants to pay claimant's costs of the arbitration
proceeding.
Defendants
then filed an application for rehearing asserting that the
deputy commissioner overlooked the parties' stipulation
that claimant's injury was confined to his left foot and
asserting that claimant did not meet the prerequisites for
IME reimbursement under Iowa Code section 85.39 because
defendants never "retained" any physicians.
In the
ruling, the deputy commissioner acknowledged his error
regarding the parties' stipulation and corrected his
finding to provide claimant sustained two percent permanent
disability of his left foot. The deputy commissioner denied
defendants' application regarding the IME, however.
On
appeal, defendants assert the deputy commissioner erred in
his determination that claimant sustained permanent
disability of his foot. Defendants also assert the deputy
commissioner erred in ordering defendants to reimburse
claimant for Dr. Taylor's IME because the reimbursement
provisions were never triggered. Defendants alternatively
argue the costs of the IME are unreasonable.
Claimant
does not specify what remedies he seeks on cross-appeal,
though it appears he may be seeking clarification regarding
the assessment of costs.
Those
portions of the proposed agency decisions pertaining to
issues not raised on appeal are adopted as a part of this
appeal decision.
I
performed a de novo review of the evidentiary record and the
detailed arguments of the parties. Pursuant to Iowa Code
sections 86.24 and 17A.15, the arbitration decision filed on
June 18, 2020, and ruling filed on July 13, 2020, are
affirmed in part without additional comment and are affirmed
in part with the following additional analysis, as set forth
below.
I
affirm the deputy commissioner's finding that claimant
sustained two percent permanent scheduled member functional
disability of his left foot which entitles him to receive
three weeks of permanent partial disability benefits pursuant
to Iowa Code section 85.34(2)(o) (post-July 1, 2017). I
affirm the deputy commissioner's findings, conclusions
and analysis regarding this...
