Smith v. TPI Iowa, LLC, 020720 IAWC, 5058936

Case DateFebruary 07, 2020
CourtIowa
NORIE C. SMITH, Claimant
v.
TPI IOWA, LLC, Employer
and
INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Insurance Carrier, Defendants.
No. 5058936
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 7, 2020
         Head Note Nos: 1108.50; 1402.30; 1803; 2907; 5-9999           APPEAL DECISION           JOSEPH S. CORTESE II WORKERS' COMPENSATION COMMISSIONER          Claimant Norie C. Smith appeals from an arbitration decision filed on December 19, 2018. Defendants TPI Iowa, employer, and its insurer, Insurance Company of the State of Pennsylvania, respond to the appeal. The case was heard on September 18, 2018, and it was considered fully submitted in front of the deputy workers' compensation commissioner on November 8, 2018.          The deputy commissioner found claimant failed to carry her burden of proof to establish she sustained an injury which arose out of and in the course of claimant's employment with defendant-employer on December 15, 2015, as alleged. The deputy commissioner found all other issues raised in this matter are moot. The deputy commissioner found claimant is entitled to receive nothing in this matter. The deputy commissioner ordered the parties to pay their own costs of the arbitration proceeding.          Claimant asserts on appeal that the deputy commissioner erred in finding claimant failed to prove she sustained a work-related injury as alleged. Claimant asserts the deputy commissioner erred in failing to award claimant substantial industrial disability for the alleged injury. Claimant asserts the deputy commissioner erred in finding all other issues raised in this matter are moot. Claimant asserts the deputy commissioner erred in failing to tax defendants with claimant's requested costs of the arbitration proceeding.          Defendants assert on appeal that the arbitration decision should be affirmed in its entirety.          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...

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