ZECHARIAH SCOTT, Claimant,
v.
QUALITY MANUFACTURING CORPORATION, Employer,
and
EMCASCO INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 5064245
Iowa Workers Compensation
Before the Iowa Workers’ Compensation Commissioner
January 26, 2021
Head
Notes: 1402.20, 1402.40, 1801.1, 1803, 1803.1, 2209, 2501,
2907, 3001, 3002, 5-9998
APPEAL
DECISION
JOSEPH
S. CORTESE, II WORKERS' COMPENSATION COMMISSIONER
Defendants
Quality Manufacturing Corporation, employer, and its insurer,
EMCASCO Insurance Company, appeal from an arbitration
decision filed on May 22, 2020. Claimant Zechariah Scott
cross-appeals from the arbitration decision and appeals from
a ruling on rehearing filed on June 19, 2020. The case was
considered fully submitted in front of the deputy
workers' compensation commissioner on July 29, 2019.
In the
arbitration decision, the deputy commissioner found claimant
carried his burden of proof to establish he sustained a
work-related right shoulder injury on June 29, 2017. The
deputy commissioner found claimant reached maximum medical
improvement (MMl) for the work injury on May 14, 2018. The
deputy commissioner found claimant is entitled to receive
temporary partial disability benefits from the date he
returned to work in March 2018 through May 14, 2018. The
deputy commissioner found claimant sustained 20 percent
industrial disability as a result of the work injury, which
entitles claimant to receive 100 weeks of permanent partial
disability benefits commencing on May 15, 2018. The deputy
commissioner found claimant's gross average weekly wage
for the work injury is $1,059.04, with the result that
claimant's weekly benefit rate for the injury,
classification married with two exemptions, is $667.91. The
deputy commissioner found claimant is entitled to payment by
defendants for all of the requested past medical expenses
itemized in Claimant's Exhibit 7. The deputy commissioner
ordered defendants to pay claimant's costs of the
arbitration proceeding.
In the
ruling on motion for rehearing, the deputy commissioner
modified the findings regarding claimant's gross average
weekly wage and weekly...
