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...
