RANDY A. SANDS, Claimant
v.
CITY OF SIOUX CITY, Employer, Self-Insured, Defendant.
No. 5050047
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 17, 2020
Head
Note Nos.: 3303.20; 5-9998
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Defendant
City of Sioux City, self-insured employer, appeals from a
partial commutation decision filed on August 7, 2018.
Claimant Randy Sands responds to the appeal. The case was
heard on May 29, 2018, and it was considered fully submitted
in front of the deputy workers' compensation commissioner
on July 3, 2018.
In the
partial commutation decision, the deputy commissioner found
claimant carried his burden of proof that a partial
commutation of his December 20, 2016, permanent total
disability award for the work injuries sustained on October
4, 2013, is in claimant's best interest.
Defendant
asserts on appeal that the deputy commissioner erred in
finding claimant carried his burden of proof that the partial
commutation is in claimant's best interest. Defendant
also asserts the deputy commissioner erred in utilizing the
life expectancy table contained in rule 876 I.A.C. 6.3 as
opposed to the 2001 C.S.O Mortality Tables contained in the
Iowa Code. Defendant further asserts the deputy commissioner
erred in failing to limit the term benefits of the partial
commutation to claimant's work-life expectancy as opposed
to his life expectancy. Lastly, defendant asserts the order
for commutation violates Article III, Section 31 of the Iowa
Constitution.
Claimant
asserts on appeal that the partial commutation decision
should be affirmed in its entirety.
Those
portions of the proposed agency decision pertaining to issues
not raised on appeal are adopted as a part of this appeal
decision.
I have
performed a de novo review of the evidentiary record and the
detailed arguments of the parties and I reach the same
analysis, findings, and conclusions as those reached by the
deputy commissioner.
Pursuant
to Iowa Code...
