Scott v. Quality Manufacturing Corp., 012621 IAWC, 5064245

Docket Nº5064245
Case DateJanuary 26, 2021
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...

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