Laurie Taylor, Claimant,
v.
Iowa State University Extension and Outreach Woodbury County Agricultural Extension District Office, employer,
and
ACCIDENT FUND INSURANCE COMPANY OF AMERICA, Insurance Carrier, Defendants.
No. 5058624
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 28, 2020
Head
Note Nos: 1402.50; 2801, 2802; 5-9998
APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
Claimant
Laurie Taylor appeals from an arbitration decision filed on
November 19, 2018. Defendants Iowa State University Extension
and Outreach Woodbury County Agricultural Extension District
Office, employer, and its insurer, Accident Fund Insurance
Company of America, respond to the appeal. The case was heard
on October 1, 2018, and it was considered fully submitted in
front of the deputy workers' compensation commissioner on
October 26, 2018.
The
deputy commissioner found claimant is barred from any
recovery in this matter for the May 14, 2015, work-related
injury because the deputy commissioner found defendants
carried their burden of proof to establish their affirmative
defense that claimant failed to provide defendants with
notice of the work injury within 90 days after it occurred.
The deputy commissioner found claimant did not provide
defendants with notice of the May 14, 2015, work injury until
March of 2017, nearly two years after the work injury
occurred. The deputy commissioner awarded claimant nothing
for the May 14, 2015, work injury.
Claimant
asserts on appeal that the deputy commissioner erred in
finding defendants carried their burden of proof to establish
claimant failed to provide notice of the May 14, 2015, work
injury within 90 days after the injury occurred. Claimant
asserts the deputy commissioner erred in failing to award
claimant weekly workers' compensation benefits, requested
past medicai expenses, future medicai care, and court costs
for the work injury.
Defendants
assert on appeal that the arbitration decision should be
affirmed in its entirety.
Those
portions of the proposed agency decision...
