This decision is presented AS IS. There is possibility of introduction of error in the posting process. Reliance on this decision should be tempered by sound legal advice from licensed counsel.
Case Title: WRIGHT v. GENERAL MILLS, INC. Date: 02/04/2010
File Number: 5024424
Claimant | Employer/Defendant | Insurance Carrier |
CAROLYN WRIGHT | GENERAL MILLS, INC. | LIBERTY MUTUAL INSURANCE CO. |
Summary
Decision:
Pursuant to Iowa Code sections 86.24 and 17A.15, I affirm and adopt as the final agency decision those portions of the proposed arbitration decision of March 26, 2009 filed in this matter that relate to issues properly raised on intra-agency appeal.
The primary issue raised by claimant is whether the presiding deputy commissioner erred in concluding that she had failed to prove that her workplace duties as a fork truck driver resulted in cumulative injury to her cervical spine. Claimant had alternately made claim that a traumatic fall in 2003 had resulted in her cervical spine injury.
The record, including the transcript of the hearing before the deputy and all exhibits admitted into the record, has been reviewed de novo on appeal. Following the review of the record and the arguments of the parties it is concluded that the presiding deputy commissioner’s findings are well-reasoned, supported by the greater weight of the evidence, and should be affirmed.
Claimant shall pay the costs associated with the appeal.
Signed and filed this _4th _____ day of February, 2010.
________________________________
CHRISTOPHER J. GODFREY
WORKERS’ COMPENSATION
COMMISSIONER
Copies To:
Mr. James M. Peters
Attorney at Law
115 Third St, Ste 1200
Cedar Rapids, IA 52401-1266
jpeters@simmonsperrine.com
Mr. Peter J. Thill
Mr. Edward Rose
Attorneys at Law
111 E Third St, Ste 600
Davenport, IA 52801-1596
pjt@bettylawfirm.com
ejr@bettylawfirm.com
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