Snitker v. Birdnow Enterprises, Inc., 011020 IAWC, 5065702

Case DateJanuary 10, 2020
CourtIowa
SHERILYN FASIG SNITKER, Claimant
v.
BIRDNOW ENTERPRISES, INC., d/b/a BIRDNOW MOTORS, Employer,, and, SEABRIGHT INSURANCE CO., Insurance Carrier, Defendants.
No. 5065702
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 10, 2020
         Head Note Nos: 1803; 2907; 5-9998           APPEAL DECISION           JOSEPH S. CORTESE II WORKERS' COMPENSATION COMMISSIONER          Claimant Sherilyn Fasig Snitker appeals from an arbitration decision filed on July 18, 2018. Defendants Birdnow Enterprises, Inc., d/b/a Birdnow Motors, employer, and its insurer, Seabright Insurance Co., respond to the appeal. The case was heard on April 26, 2018, and it was considered fully submitted in front of the deputy workers' compensation commissioner on May 17, 2018.          The deputy commissioner found claimant sustained 40 percent industrial disability, which entitles claimant to receive 200 weeks of permanent partial disability (PPD) benefits commencing on August 10, 2017, as a result of the stipulated work injury which arose out of and in the course of claimant's employment with defendant-employer on February 8, 2013. The deputy commissioner ordered defendants to pay claimant's costs of the arbitration proceeding in the amount of $1,097.46.          Claimant asserts on appeal that the deputy commissioner erred in finding claimant sustained 40 percent industrial disability as a result of the work injury. Claimant asserts the deputy commissioner erred in failing to find claimant is permanently and totally disabled as a result of the work injury.          Defendants assert on appeal that the arbitration 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 sections 17A.5 and 86.24, I affirm and adopt as...

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