Werner v. NCI Building Systems, 020721 IAWC, 5044478

Docket Nº5044478
Case DateFebruary 07, 2021
CourtIowa
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
February 7, 2021
         Head Notes: 1108.50; 1402.40; 1804; 2501; 2502; 2907; 4000.2           APPEAL DECISION           JOSEPH S. CORTESE, II WORKERS' COMPENSATION COMMISSIONER          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.          In 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 defendants for an alleged unreasonable failure to pay weekly benefits.          On appeal, defendants assert the deputy commissioner erred in excluding Exhibits O, P, and Q from the evidentiary record. Defendants further assert the deputy commissioner erred in finding claimant's mental health issues, ongoing low back symptoms, and erectile dysfunction are causally related to the work injury. In this regard, defendants assert the deputy commissioner erred in finding defendants are responsible for past medical expenses, and in finding claimant is entitled to alternate medical care. Lastly, defendants assert the deputy commissioner erred in finding claimant met his burden of proof to establish permanent and total disability. Defendants also assert an alternative commencement date for permanent partial disability benefits.          Claimant asserts 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 performed a de novo review of the evidentiary record and the detailed arguments of the parties. Pursuant to Iowa Code sections 17A.5 and 86.24, I affirm and adopt as the final agency decision those portions of the proposed arbitration decision filed on January 16, 2019, that relate to the issues properly raised on intra-agency appeal.          I find the deputy commissioner provided a well-reasoned analysis of all of the issues raised in the arbitration proceeding. I...

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