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...