ALLEN WERNER, Claimant
v.
NCI BUILDING SYSTEMS, Employer,
and
THE INSURANCE CO. OF THE STATE OF PENNSYLVANIA,, Insurance Carrier, Defendants.
No. 5044478
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
March 16, 2020
Head
Notes: 1108.50; 1402.40; 1804; 2501; 2502; 2907; 4000.2
AMENDED AND SUBSTITUTED APPEAL DECISION
JOSEPH
S. CORTESE II WORKERS' COMPENSATION COMMISSIONER
COMES
NOW the undersigned, pursuant to Iowa Code Section 86.24, and
for Amended and Substituted Appeal Decision in this matter
states as follows:
The
undersigned filed an appeal decision in this matter on March
12, 2020.
The
undersigned inadvertently signed and filed a preliminary
draft of the appeal decision. The draft of the appeal
decision signed and filed by the undersigned on March 12,
2020, was not the finalized draft the undersigned actually
intended to file.
The
appeal decision filed on March 12, 2020, is hereby withdrawn
and the following amended and substituted appeal decision is
filed in its place. The following amended and substituted
appeal decision shall be the final agency action pursuant to
Iowa Code section 86.24(5):
Amended
and Substituted Appeal Decision Defendants NCI Building
Systems, employer, and its insurer, The Insurance Company of
the State of Pennsylvania, appeal from an arbitration
decision filed on January 16, 2019. Claimant Allen Werner
responds to the appeal. The case was heard on August 9, 2018,
and it was considered fully submitted in front of the deputy
workers' compensation commissioner on October 9, 2018.
!n the
arbitration decision, the deputy commissioner found claimant
met his burden of proof to establish his ongoing low back
symptoms, mental health issues, and erectile dysfunction are
causally related to the work injury of July 30, 2012. The
deputy commissioner further determined claimant carried his
burden of proof to establish he is permanently and totally
disabled as a result of the work injury. The deputy
commissioner found claimant is not entitled to receive
penalty benefits from...
