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...