Before the iowa workers’ compensation commissioner



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HAMMER V. COLLIS COMPANY/SSW HOLDING COMPANY

Page

BEFORE THE IOWA WORKERS’ COMPENSATION COMMISSIONER


_____________________________________________________________________

:

JULIA M. HAMMER, :



:

Claimant, :

:

vs. :


: File No. 5010461

COLLIS COMPANY/SSW HOLDING :

COMPANY, :

: A R B I T R A T I O N

Employer, :

: D E C I S I O N

and :

:

ATLANTIC MUTUAL INSURANCE :



COMPANY, :

:

Insurance Carrier, : HEAD NOTE NO: 1803



Defendants. :

______________________________________________________________________


STATEMENT OF THE CASE
The claimant, Julia M. Hammer, has filed a petition in arbitration and seeks workers' compensation benefits from Collis Company/SSW Holding Company (hereinafter Collis Company), employer, and Atlantic Mutual Insurance Company, insurance carrier, both as defendants.
This matter was heard by deputy workers' compensation commissioner, Ron Pohlman, in Davenport, Iowa on August 11, 2005. The record in the case consists of joint exhibits A through I; claimant’s exhibits 3 through 5; and defendants’ exhibits 101 through 103 as well as the testimony of the claimant and Deborah Bianchi.
ISSUES
The parties submitted the following issues for determination:
  1. The extent of claimant’s entitlement to temporary total disability; and
  2. The extent of claimant’s entitlement to permanent partial disability pursuant to Iowa Code section 85.34(2)(m).
FINDINGS OF FACT
The undersigned, having considered all of the evidence and testimony in the record, finds:
The claimant was employed with Collis Company as a welder on July 17, 2001; a piece of metal that she was working on slipped and punctured the underside of her arm approximately three inches in from her wrist. She saw the company doctor who referred her to Tyson K. Cobb, M.D., an orthopedic surgeon in Davenport, Iowa. Dr. Cobb diagnosed a punctured wound in the left forearm with median and ulnar nerve irritability. After an attempt at conservative care failed, Dr. Cobb recommended that the claimant undergo surgery consisting of an exploration of the penetration wound of the left forearm and a carpal decompression. The surgery took place on September 24, 2001 and was performed by Dr. Cobb. Dr. Cobb believes that the carpal tunnel was aggravated as a result of the puncture wound and causally connected it to the work injury.
The claimant was released for one-handed duty on October 1, 2001. She returned to work upon her release and continued to work until August 2, 2002 when she was fired for absenteeism. The final incident resulting in her termination was when she was late for work because she had had an argument with her sister and had car problems. She had other absences, which were due to personal reasons and these resulted in the assessment of points.
The claimant continued to complain of numbness and aching. The numbness was in her fingertips and the aching was in her arm. She also felt that she had trouble holding onto things because of the numbness affecting her ability to grip properly. She returned to Dr. Cobb with these complaints. After having the claimant undergo an MRI of the cervical spine to rule out that as the source of her problems, Dr. Cobb concluded that the claimant would need to proceed with the cubital tunnel release. The claimant elected to have that surgery which took place December 9, 2003. Dr. Cobb saw the claimant on December 22, 2003 and at that time indicated that she could start searching for work in a month and would be released for full duty without restriction. On January 12, 2004, Dr. Cobb did release the claimant to return to work without restriction. Dr. Cobb opines that the claimant has a one percent permanent impairment to the right upper extremity as a result of her injury and subsequent surgeries. The claimant saw Robert Chesser, M.D. for an independent medical examination at the defendants’ request. Dr. Chesser concluded that the claimant did not have any permanent impairment.
The claimant has had four periods of employment since her separation from Collis Company. One of those employments, Family Dollar, lasted two weeks because the claimant experienced difficulties gripping boxes, which she was required to move for her job. The other employments the claimant was able to perform without accommodation. She did not advise any employer that she had any restrictions nor does she believe that she has any restrictions assigned by any physician. The claimant takes no medication and at this time is not receiving treatment from any physician for her work injury.
REASONING AND CONCLUSIONS OF LAW
The first issue in this case is the extent of claimant’s entitlement to healing period benefits.

Section 85.36 states said the basis of compensation is the weekly earnings of the employee at the time of the injury. The section defines weekly earnings as the gross salary, wages, or earnings to which an employee would have been entitled had the employee worked the customary hours for the full pay period in which injured as the employer regularly required for the work or employment. The various subsections of section 85.36 set forth methods of computing weekly earnings depending upon the type of earnings and employment.
The defendants contend that the claimant is only entitled to healing period for the time frame from September 27, 2001 through September 30, 2001 because any other time that she was restricted to one-handed duty she could have worked if she had not been fired for misconduct from her employment at Collis Company. The record does show that the claimant was terminated from her employment from Collis Company because she was excessively absent for personal reasons. She could return to her employment at Collis Company if it were available to her. It is concluded that the claimant has sustained a one percent disability to her left upper extremity entitling her to 2.5 weeks of permanent partial disability pursuant to Iowa Code section 85.34(2)(m).
The claimant also seeks mileage for visits for medical treatment. The defendants do not dispute the mileage that is listed or the medical necessity of those visits. The total miles sought is 1,380 miles. It is concluded that these are causally connected to the claimant’s work injury and that the claimant is entitled to reimbursement for these miles. The claimant apparently has been reimbursed for some of the miles that she traveled, however, the particular trips that were reimbursed and the ones that were not is not set out in the record. Therefore, a specific conclusion as an order as to the amount of money owed for mileage will not be made.
ORDER
THEREFORE, IT IS ORDERED:
That defendants shall pay claimant for two point five (2.5) weeks of permanent partial disability commencing January 12, 2004 at the weekly rate of two hundred twenty-one and 02/100 dollars ($221.02).
That accrued benefits shall be paid in a lump sum together with interest pursuant to Iowa Code section 85.30 with subsequent reports of injury filed pursuant to rule 876 IAC 3.1.

Signed and filed this ____26th_____ day of August, 2005.
________________________
RON POHLMAN
DEPUTY WORKERS’
COMPENSATION COMMISSIONER
Copies to:
Mr. James L. Pillers

Attorney at Law

1127 N Second ST

Clinton, IA 52732-3730


Mr. Timothy A. Clausen

Attorney at Law

PO Box 327

Sioux City, IA 51102-0327


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