RICHARD TREVILLYAN, Claimant
v.
MARSDEN HOLDING, LLC; MARSDEN BUILDING MAINTENANCE, LLC; AMERICAN SECURITY, LLC, Employer,
and
XL SPECIALTY INSURANCE CO., Insurance Carrier, Defendants.
Nos. 5059535, 5059536
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 6, 2020
Head
Note Nos.: 1108, 1803
ARBITRATION DECISION
JOSEPH
L. WALSH DEPUTY WORKERS’ COMPENSATION COMMISSIONER.
STATEMENT
OF THE CASE
Richard
Trevillyan, II, filed a petition for arbitration seeking
workers’ compensation benefits from the employer,
Marsden Holding LLC, and XL Specialty Insurance Company, the
insurance carrier.
The
matter came on for hearing on September 27, 2018, before
deputy workers’ compensation commissioner Joseph L.
Walsh in Des Moines, Iowa. The parties did an excellent job
of developing the record efficiently. The record in the case
consists of Joint Exhibits 1 through 6; Claimant’s
Exhibits 7 through 11; and Defense Exhibits A through C; as
well the sworn testimony of claimant. Suzanne Sogard served
as the court reporter. The parties argued this case and the
matter was fully submitted on September 27, 2018.
ISSUES
AND STIPULATIONS
The
parties have stipulated as to an employer-employee
relationship at the time of the alleged injury. It is
stipulated the claimant suffered two injuries to his left
shoulder which arose out of and in the course of his
employment. The first occurred on November 15, 2015. The
second occurred on January 25, 2016. Defendants have admitted
the January 25, 2016 injury is a temporary and permanent
disability. Defendants deny that the November 15, 2015,
injury is a cause of any disability. The defendants accepted
the January 25, 2016, claim and paid 4.9785 weeks of
industrial disability. Defendants deny claimant is entitled
to any disability benefits for the November 15, 2015, claim.
Claimant is seeking industrial disability benefits for both
claims. The parties dispute the commencement date for both
injuries. For both claims the elements comprising the rate of
compensation is stipulated and affirmative defenses are
waived. Medical expenses are not disputed.
FINDINGS
OF FACT
Richard
“Rick” Trevillyan, II, was 32 years old as of the
date of hearing. Mr. Trevillyan testified live and under oath
at hearing. I find his testimony to be generally credible.
His testimony is generally consistent with the other records
in evidence. There was nothing about his demeanor which
caused the undersigned any concern for his truthfulness.
Mr.
Trevillyan graduated from Walnut Creek High School in 2004
and attended Southwest Iowa Community College, but did not
receive a degree. In October 2014, he began working for
Marsden Holding, which is also known as American Security. He
worked full-time as a security officer. The work assignments
varied; however, generally it was not considered heavy labor.
On
November 15, 2015, Mr. Trevillyan suffered the first of his
two work-related accidents. On that date, he was in an auto
accident in a company vehicle. He struck a deer, totaling the
car he was driving. He reported the accident and sought care
at Mercy Medical Center. He was treated at Mercy for left
shoulder and back pain and instructed to follow up with his
primary care physician. (Joint Exhibit 1, pages 2-3) He
followed up with Thomas Luft, D.O., on December 8, 2015. Dr.
Luft recorded the following history.
the patient presents after an accident approximately a month
ago in which he was the driver of his work vehicle and hit a
deer on the passenger side he was going approximately 55
miles an hour he had his left hand on the steering wheel and
the car did come to a sudden stop with hitting a deer he
noted that his shoulder and neck hurt as well as upper and
mid back it continued to hurt he [sic] seen in
urgent care and was not given much information on weight
direction of this. It is bothersome for him daily and
doesn’t [sic] are clear with activities of
daily living as well as he plays the bass guitar he
hasn’t been able to play if secondary to weakness pain
and some numbness.
(Jt. Ex. 2, p. 7) Dr. Luft was concerned about a possible
rotator cuff...
