BEFORE THE IOWA INDUSTRIAL COMMISSIONER          
 
                  
 
DENNIS MALLORY, 
 
         
 
     Claimant, 
 
         
 
vs.                                    File Nos. 960214; 1050300;
 
         
 
HORNBACK & ASSOCIATES and                         1050301
 
HILLANDALE FARMS OF IOWA, 
 
         
 
     Employers,                          A R B I T R A T I O N 
 
         
 
                                            D E C I S I O N
 
and        
 
         
 
HERITAGE INSURANCE and    
 
AETNA CASUALTY & SURETY   
 
COMPANY,   
 
         
 
    Insurance Carriers, 
 
     Defendants.    
 
-------------------------------------------------------------------     
 
         
 
                  STATEMENT OF THE CASE
 
         
 
Claimant filed petitions for arbitration as a result of 
 
         
 

 
         
 
 
 
 
 
 
 
injuries to the left lower extremity which allegedly 
 
occurred on July 3, 1990 in file number 960214, with respect 
 
to defendant Hornback and Associates, insured by Heritage 
 
Insurance.  Claimant alleged injuries to the left lower 
 
extremity on July 31, 1992 in file number 1050300, with 
 
respect to defendant Hillandale Farms as insured by Aetna 
 
Casualty and Surety along with an injury on February 17, 
 
1993 in file number 1050301, as against the same defendant 
 
and insurance carrier.  All defendants denied liability and 
 
multiple issues are presented for resolution.
 
         
 
This case was heard and fully submitted at Des Moines, 
 
Iowa on April 21, 1995.  The record in the proceeding 
 
consists of joint exhibit 1, claimant exhibits 5, 6 and 12, 
 
defendant Hornback and Associates exhibits 7 through 11 and 
 
13; and testimony from Dennis Mallory, Thomas Mallory, Gary 
 
Bartness, Pamela Bartness, Glenn Troyna, Thomas Hornback, 
 
David Smothers and Louis Rizutti.  Steven Jayne, Attorney at 
 
Law, represented claimant.  Glenn Goodwin, Attorney at Law, 
 
represented Hillandale Farms of Iowa and Aetna Casualty and 
 
Surety Company.  Roger Ferris, Attorney at Law, represented 
 
Hornback and Associates and Heritage Mutual Insurance 
 
Company.
 
         
 
                  ISSUES
 
         
 
The parties present the following issues for 
 
determination.
 
         
 
1.  Did claimant sustain work related injuries on July 
 
3, 1990, July 31, 1992 and February 17, 1993, which arose 
 
out of and in the course
 
         
 

 
         
 
 
 
 
 
 
 
of employment?
 
         
 
2.  The extent of permanent disability causally 
 
connected to each work injury.
 
         
 
3.  The extent of temporary disability causally 
 
connected to each work injury.
 
         
 
4.  The commencement date for permanent disability 
 
payments.
 
         
 
5.  Whether section 85.27 medical expenses are causally 
 
connected to each work injury.
 
         
 
6.  Whether an employer/employee relationship existed 
 
with respect to the February 17, 1993 injury; and
 
         
 
7.  Whether defendants Hornback and Associates and 
 
Heritage Insurance are entitled to 
 
a credit for prior payment of benefits 
 
amounting to 19 3/7 weeks at the rate of $178.65.
 
         
 
                  FINDINGS OF FACT
 
         
 
Having heard the testimony of the witnesses and having 
 
considered all of the evidence in the record the deputy 
 
industrial commissioner finds:
 
         
 

 
         
 
 
 
 
 
 
 
 
 
 
 
                    
 
Dennis Mallory, claimant, worked for defendant Hornback 
 
and Associates as a brick tender.  Claimant, on July 3, 
 
1990, was carrying a large block with the assistance of his 
 
brother.  Claimant stepped into a rut injuring his knee 
 
while in the course of employment.  The medical records 
 
created close in time to the initial event indicate a 
 
history consistent with the facts presented.  Claimant, a 
 
poor historian, exaggerated the size of the hole and weight 
 
of the block as time went on.  However, the medical history 
 
taken close in time to the actual event is consistent with 
 
facts presented at the time of hearing.  Therefore, 
 
claimant's testimony concerning a work injury on July 3, 
 
1990 while employed by Hornback and Associates is found 
 
credible.  The deputy finds that claimant sustained a work 
 
injury on July 3, 1990 arising out of and in the course of 
 
employment with Hornback and Associates.  The injury was a 
 
sprain to the left knee.
 
         
 
The deputy finds Thomas Mallory as an unreliable 
 
witness.  Exhibit 10 and the testimony from Thomas Mallory 
 
is found entitled to little or no consideration.  Thomas 
 
Mallory, a felon, testified at hearing while adorned in 
 
shackles and leg irons.  Thomas Mallory, currently in 
 
custody of the Polk County Sheriff on alleged probation 
 
violations for a prior felony, provided testimony that was 
 
entirely inconsistent with prior statements.  Based upon the 
 
appearance, action, demeanor, prior felony record and 
 
inconsistent statements of Thomas Mallory, his testimony and 
 
letter marked exhibit 10 are found to lack credibility.  
 
         
 
As a result of the July 3, 1990 work injury with 
 
Hornback and Associates claimant was under medical care from 
 
         
 

 
         
 
 
 
 
 
 
 
 
 
July 4, 1990 through September 8, 1990.  The time off work 
 
is causally connected to the work injury based upon medical 
 
records which document continuing medical treatment for 
 
the left knee strain. 
 
 
 
The defendant insurance carrier failed to give claimant a timely 
 
notice under Iowa Code section 86.13, with respect to 
 
termination of temporary disability benefits.  Additional 
 
temporary disability benefits were paid by the insurance 
 
carrier effective September 9, 1990 through November 16, 
 
1990 in order to fulfill the obligation under Iowa Code 
 
section 86.13.
 
         
 
Claimant continued to suffer with left knee pain 
 
intermittently until July 31, 1992 when an exacerbation of 
 
the preexisting condition occurred while working for another 
 
employer.  The deputy finds that claimant's medical problems 
 
with the left knee incurred effective July 3, 1990 through 
 
July 30, 1992 are a direct and proximate result of the work 
 
injury with Hornback and Associates.  All medical expenses 
 
incurred for treatment of the left knee between those dates 
 
is causally connected to the July 3, 1990 work injury.
 
         
 
Claimant sustained a work injury with Hillandale Farms 
 
of Iowa on July 31, 1992.  Claimant had continuing problems 
 
with the left knee to that date.  Claimant's work for 
 
Hillandale Farms required extensive climbing of stairs.  
 
         
 
This work, a repetitive trauma, exacerbated the preexisting 
 
condition resulting in a significant flare-up on July 31, 
 
1992.  The deputy finds that the July 31, 1992 left knee 
 
pain is a new and distinct work related injury to the left 
 
knee which is best qualified as an exacerbation of a 
 
preexisting condition.
 
         
 
                    
 
         
 

 
         
 
 
 
 
 
 
 
Claimant lost time from work effective August 1, 1992 
 
through August 24, 1992 as a result of the July 31, 1992 
 
work injury to the left knee incurred with Hillandale Farms.  
 
The causal connection to the work injury is clearly 
 
demonstrated by medical records indicating continuous 
 
treatment for the July 31, 1992 exacerbation.
 
         
 
Claimant incurred medical expenses causally connected 
 
to the work injury of July 31, 1992 beginning July 31, 1992 
 
through February 16, 1993.  Medical expenses incurred during 
 
that time are causally connected to the work injury of July 
 
31, 1992 based upon ongoing complaints of pain in the left 
 
knee temporally related to the July 31, 1992 repetitive 
 
trauma injury.  
 
         
 
On February 17, 1993 claimant sustained a traumatic 
 
injury to the left knee when running.  Claimant was not 
 
employed for Hillandale Farms on February 17, 1993.  
 
         
 
Claimant was not employed for Hornback and Associates on 
 
February 17, 1993.  Claimant's left knee injury of February 
 
17, 1993 was traumatic in nature and required immediate 
 
medical treatment and surgical intervention.  The situs of 
 
the injury was essentially the same however, the degree and 
 
extent of injury were greatly exacerbated as a result of the 
 
February 17, 1993 injury.  The event of February 17, 1993 
 
breaks the causal connection of claimant's left knee 
 
problems to the work related injuries incurred with Hornback 
 
and Associates and Hillandale Farms.  The deputy finds that 
 
claimant has failed to establish a causal connection of the 
 
February 17, 1993 injury to work for Hillandale Farms.  The 
 
deputy finds that an employer/employee relationship did not 
 
exist as of February 17, 1993 between claimant and 
 
Hillandale Farms.  The deputy further finds that 
 
         
 

 
         
 
 
 
 
 
 
 
claimant has failed to establish a causal connection between 
 
medical treatment incurred for the left knee on and after 
 
February 17, 1993 and any prior left knee injury with 
 
Hillandale Farms and Hornback and Associates.  The medical 
 
evidence, when viewed as a whole, indicates that all 
 
treatment after February 17, 1993 was the direct and 
 
proximate result of a trauma injury incurred on that same 
 
date.
 
         
 
Claimant has failed to offer sufficient evidence to 
 
establish permanent disability causally connected to the 
 
July 3, 1990 left knee injury with Hornback and Associates.  
 
The record is devoid of medical evidence indicating 
 
permanent functional impairment incurred as a result of that 
 
particular knee injury.  The one medical record authored by 
 
Val Lyons, M.D., on April 26, 1994 indicates 10 percent 
 
impairment to the left lower extremity.  The deputy 
 
industrial commissioner finds that the impairment issued by 
 
Dr. Lyons is causally connected to the February 17, 1993 
 
injury.  The records are devoid of evidence which would 
 
causally connect any permanent impairment to the July 3, 
 
1990 work injury.
 
         
 
With respect to the July 31, 1992 left knee injury 
 
incurred while working for Hillandale Farms, claimant has 
 
failed to establish a causal connection to permanent 
 
disability.  As previously stated, the 10 percent impairment 
 
rating authored by Dr. Lyons can only be attributed to the 
 
February 17, 1993 injury based upon the medical evidence 
 
presented.  The evidence in the record fails to establish 
 
permanent functional impairment resulting from the July 31, 
 
1992 aggravation injury because of the intervening February 
 
17, 1993 injury.  Claimant's request for permanent 
 
         
 

 
         
 
 
 
 
 
 
 
 
 
disability with respect to the July 31, 1992 injury fails.
 
         
 
                 CONCLUSIONS OF LAW
 
         
 
The first issues concern whether claimant established 
 
work related injuries arising out of and in the course of 
 
employment.  
 
         
 
The party who would suffer loss if an issue were not 
 
established has the burden of proving that issue by a 
 
preponderance of the evidence.  Iowa R. of App. P. 14(f).
 
         
 
The claimant has the burden of proving by a 
 
preponderance of the evidence that the alleged injury 
 
actually occurred and that it arose out of and in the course 
 
of employment.  McDowell v. Town of Clarksville, 241 
 
N.W.2d 904 (Iowa 1976); Musselman v. Cent. Tel. Co., 261 
 
Iowa 352, 154 N.W.2d 128 (1967).  The words "arising out of" 
 
refer to the cause or source of the injury.  The words "in 
 
the course of" refer to the time, place and circumstances of 
 
the injury.  Sheerin v. Holin Co., 380 N.W.2d 415 (Iowa 
 
1986); McClure v. Union County, 188 N.W.2d 283 (Iowa 
 
1971).
 
         
 
The question of causal connection is essentially within 
 
the domain of expert testimony.  The expert medical evidence 
 
must be considered with all other evidence introduced 
 
bearing on the causal connection between the injury and the 
 
disability.  The weight to be given to any expert opinion is 
 
determined by the finder of fact and may be affected by the 
 
accuracy of the facts relied upon by the expert as well as 
 
other surrounding circumstances.  The expert opinion may be 
 
accepted or rejected, in whole or in part.  Sondag 
 
         
 

 
         
 
 
 
 
 
 
 
 
 
v. Ferris Hardware, 220 N.W.2d 903 (Iowa 1974); Anderson 
 
v. Oscar Mayer & Co., 217 N.W.2d 531 (Iowa 1974); Bodish 
 
v. Fischer, Inc., 257 Iowa 516, 133 N.W.2d 867 (1965).
 
         
 
When the disability develops gradually over a period of 
 
time, the "cumulative injury rule" applies.  For time 
 
limitation purposes, the compensable injury is held to occur 
 
when because of pain or physical disability, the claimant 
 
can no longer work.  McKeever Custom Cabinets v. Smith, 
 
379 N.W.2d 368 (Iowa 1985).
 
         
 
The deputy industrial commissioner holds that claimant 
 
sustained an injury to the left knee on July 3, 1990 arising 
 
out of and in the course of employment with Hornback and 
 
Associates.  
 
         
 
The deputy industrial commissioner holds that claimant 
 
sustained a cumulative trauma aggravation injury to the left 
 
knee on July 31, 1992 arising out of and in the course of 
 
employment with Hillandale Farms of Iowa.
 
         
 
The deputy industrial commissioner holds that claimant 
 
failed to establish by a preponderance of the evidence that 
 
he sustained a work related injury to the left knee on 
 
February 17, 1993 with employer Hillandale Farms.  Claimant 
 
failed to establish an employee/employer relationship on 
 
February 17, 1993.  Furthermore, claimant failed to 
 
establish medical causation with respect to the February 17, 
 
1993 injury.
 
         
 
The next issues concern entitlement to permanent 
 
disability.  
 
         
 
                    
 
         
 

 
         
 
 
 
 
 
 
 
The right of an employee to receive compensation for 
 
injuries sustained is statutory. The statute conferring this 
 
right can also fix the amount of compensation payable for 
 
different specific injuries.  The employee is not entitled 
 
to compensation except as the statute provides.  Soukup v. 
 
Shores Co., 222 Iowa 272, 268 N.W. 598 (1936).
 
         
 
Compensation for permanent partial disability begins at 
 
termination of the healing period.  Section 85.34(2).  
 
Permanent partial disabilities are classified as either 
 
scheduled or unscheduled.  A specific scheduled disability 
 
is evaluated by the functional method; the industrial method 
 
is used to evaluate an unscheduled disability. Simbro v. 
 
Delong's Sportswear, 332 N.W.2d 886 (Iowa 1983); Graves 
 
v. Eagle Iron Works, 331 N.W.2d 116 (Iowa 1983); Martin 
 
v. Skelly Oil Co., 252 Iowa 128, 106 N.W.2d 95 (1960).
 
         
 
The deputy industrial commissioner holds that claimant 
 
failed to establish by a preponderance of the evidence 
 
permanent disability resulting from the July 3, 1990 left 
 
knee injury incurred while employed by Hornback and 
 
Associates.  Insufficient medical evidence was presented to 
 
establish permanent functional impairment as a result of the 
 
left knee strain.  Claimant's request for permanent 
 
disability thereby fails.
 
         
 
The deputy industrial commissioner holds that claimant 
 
failed to establish entitlement to permanent disability 
 
benefits as a result of the July 31, 1992 left knee injury 
 
incurred while working for Hillandale Farms.  
 
         
 
Insufficient medical evidence was presented to establish 
 
permanent functional impairment resulting from the 
 
cumulative trauma aggravation injury to the left knee.  
 
         
 

 
         
 
 
 
 
 
 
 
 
 
Claimant's request for permanent disability benefits thereby 
 
fails.
 
         
 
The next issue concerns entitlement to temporary 
 
disability benefits.
 
         
 
Iowa Code section 85.33(1) allows for temporary total 
 
disability during a period of recuperation.  Claimant 
 
established off work status with respect to the July 3, 1990 
 
injury with Hornback and Associates effective July 4, 1990 
 
through November 16, 1990 including the statutory Iowa Code 
 
section 86.13 notice.
 
         
 
The deputy industrial commissioner further holds that 
 
claimant incurred temporary total disability beginning 
 
August 1, 1992 through August 24, 1992 with respect to the 
 
July 31, 1992 work injury incurred with Hillandale Farms.  
 
         
 
Claimant was off work during both periods of time receiving 
 
appropriate medical treatment and recuperating from the 
 
respective work injuries to the left knee.
 
         
 
Having established an entitlement to temporary 
 
disability and no entitlement to permanent partial 
 
disability, the issue of credit for prior payments made by 
 
Hornback and Associates and Heritage Mutual Insurance 
 
becomes moot.  Claimant is entitled to the full period of 
 
benefits paid beginning July 4, 1990 through November 16, 
 
1990 as he was temporarily totally disabled and the 
 
insurance company failed to give appropriate notice until 
 
the second payment was made.  Therefore, no further 
 
discussion will be made concerning the credit for benefits 
 
previously paid.
 
         
 
                    
 
         
 

 
         
 
 
 
 
 
 
 
 
 
The final issue concerns entitlement to Iowa Code 
 
section 85.27 medical benefits.
 
         
 
The employer shall furnish reasonable surgical, 
 
medical, dental, osteopathic, chiropractic, podiatric, 
 
physical rehabilitation, nursing, ambulance and hospital 
 
services and supplies for all conditions compensable under 
 
the workers' compensation law.  The employer shall also 
 
allow reasonable and necessary transportation expenses 
 
incurred for those services.  The employer has the right to 
 
choose the provider of care, except where the employer has 
 
denied liability for the injury.  Section 85.27.  Holbert 
 
v. Townsend Engineering Co., Thirty-second Biennial 
 
Report of the Industrial Commissioner 78 (Review-reopen 
 
1975).
 
         
 
The deputy industrial commissioner holds defendants 
 
Hornback and Associates and Heritage Insurance liable for 
 
medical expenses incurred effective July 3, 1990 through 
 
July 30, 1992.  Claimant received ongoing treatment and care 
 
during the period in question without any break in the 
 
causal connection.  The medical records clearly establish 
 
that all treatment during that period in question was a 
 
direct and proximate result of the initial injury of July 3, 
 
1990.
 
         
 
The deputy industrial commissioner holds that 
 
defendants Hillandale Farms of Iowa and Aetna Casualty and 
 
Surety are liable for all medical expenses incurred 
 
effective July 31, 1992 through February 16, 1993.  The 
 
aggravation injury of July 31, 1992 broke the causal 
 
connection to the initial injury of July 3, 1990.  Claimant 
 
then received ongoing medical care which would not have been 
 
         
 

 
         
 
 
 
 
 
 
 
 
 
received but for the aggravation injury of July 31, 1992.
 
         
 
The trauma injury of February 17, 1993 breaks the 
 
causal connection and prevents claimant from establishing 
 
liability of either defendant for any medical expenses 
 
incurred on and after February 17, 1993.
 
         
 
                  ORDER
 
         
 
THE DEPUTY INDUSTRIAL COMMISSIONER ORDERS:
 
         
 
Claimant shall take nothing from file number 1050301.
 
         
 
Defendants Hornback and Associates and Heritage 
 
Insurance shall pay claimant temporary total disability 
 
benefits at the rate of one hundred seventy-eight and 64/100 
 
dollars ($178.64) per week for the period beginning July 4, 
 
1990 through November 16, 1990 and Iowa Code section 85.27 
 
medical expenses incurred effective July 3, 1990 through 
 
July 30, 1992.
 
         
 
Defendants Hillandale Farms of Iowa and Aetna Casualty 
 
and Surety shall pay claimant temporary total disability 
 
benefits at the rate of one hundred fifteen and 84/100 
 
dollars ($115.84) per week for the period commencing August 
 
1, 1992 through August 24, 1992 and shall pay Iowa Code 
 
section 85.27 medical expenses effective July 31, 1992 
 
through February 16, 1993.
 
         
 
It is further ordered that defendants shall receive 
 
credit for benefits previously paid.
 
         
 
It is further ordered that all accrued benefits are to 
 
         
 

 
         
 
 
 
 
 
 
 
be paid in a lump sum.
 
         
 
It is further ordered that interest shall accrue 
 
pursuant to Iowa Code section 85.30.
 
         
 
It is further ordered that the costs of this action are 
 
assessed against defendants pursuant to 343 IAC 4.33.  Each 
 
defendant shall bear their own costs.  Each defendant shall 
 
pay one-half (1/2) of the costs incurred by claimant.
 
         
 
It is further ordered that defendants shall file claim 
 
activity reports pursuant to 343 IAC 3.1.
 
         
 

 
         
 
 
 
 
 
 
 
 
 
 
 
                  
 
         Signed and filed this __________ day of May, 1995.
 
         
 
                  
 
                  
 
         
 
                                        ______________________________
 
                                        MARLON D. MORMANN
 
                                        DEPUTY INDUSTRIAL COMMISSIONER    
 
         
 
Copies to:
 
         
 
Mr. Steven C. Jayne
 
Attorney at Law
 
5835 Grand Avenue STE 201
 
Des Moines, Iowa 50312
 
         
 
Mr. Roger L. Ferris
 
Attorney at Law
 
1900 Hub Tower
 
699 Walnut Street 
 
Des Moines, Iowa 50309
 
         
 
Mr. Glenn Goodwin
 
Attorney at Law
 
Equitable Building, 4th Floor
 
Des Moines, Iowa 50309
 
         
 
         
 
         
 
 
         
 
 
 
 
 
 
 
 
 
                  
 
         
 
                                         1801; 2500
 
                                         Filed May 2, 1995
 
                                         MARLON D. MORMANN
 
         
 
                 BEFORE THE IOWA INDUSTRIAL COMMISSIONER          
 
                  
 
DENNIS MALLORY, 
 
         
 
     Claimant, 
 
         
 
vs.                                 File Nos. 960214; 1050300;
 
         
 
HORNBACK & ASSOCIATES and                    1050301
 
HILLANDALE FARMS OF IOWA, 
 
         
 
    Employers,                        A R B I T R A T I O N 
 
         
 
                                         D E C I S I O N
 
and       
 
         
 
HERITAGE INSURANCE and    
 
AETNA CASUALTY & SURETY   
 
COMPANY,   
 
         
 
     Insurance Carriers, 
 
     Defendants.    
 
         
 
         
 

 
         
 
 
 
 
 
 
 
1801; 2500
 
 
 
Claimant established entitlement to temporary total 
 
disability due to a sprain of the left knee.  The injury was 
 
aggravated by a subsequent employer.  A third non-work 
 
related injury broke the causal connection and prevented 
 
claimant from establishing entitlement to permanent 
 
disability benefits.  Medical benefits awarded.
 
         
 
 
         
 
         
 
         
 
         
 
         
 
         
 
                  BEFORE THE IOWA INDUSTRIAL COMMISSIONER
 
         _________________________________________________________________
 
                                         :
 
         LARRY R. PETERSEN,              :
 
                                         :
 
              Claimant,                  :        File No. 960674
 
                                         :
 
         vs.                             :          A P P E A L
 
                                         :
 
         WILSON FOODS,                   :        D E C I S I O N
 
                                         :
 
              Employer,                  :
 
              Self-Insured,              :
 
              Defendant.                 :
 
         _________________________________________________________________
 
         
 
              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.
 
         
 
                                      ISSUE
 
         
 
              Claimant states the following issue on appeal:  What is the 
 
         industrial disability of the claimant?
 
         
 
                                 FINDINGS OF FACT
 
         
 
              Claimant was born May 1, 1942, and was 51 years of age at 
 
         the time of hearing.  (Transcript, page 6)  Claimant is a high 
 
         school graduate and describes himself as an average student.  
 
         (Tr., pp. 7-8)
 
         
 
              After graduating from high school the claimant attended 
 
         Linotype school in Charles City, Iowa and earned a certificate 
 
         upon completing the 17 week program.  For the next 4-5 years the 
 
         claimant worked for several newspapers as a Linotype operator.  
 
         (Tr., pp. 8-11)
 
         
 
              As the Linotype printing process was becoming obsolete, 
 
         claimant decided to seek employment in a different occupational 
 
         field.  For approximately two years the claimant operated a 
 
         multiwall machine for Georgia-Pacific.  (Tr., pp. 11-12)
 
         
 
              Claimant's next employment was with defendant employer, 
 
         Wilson Foods.  The claimant began his employment on April 17, 
 
         1967 and has been continuously employed by Wilson Foods since 
 
         that date.  (Tr., p. 13)
 
         
 
              During his more than 25 years with defendant employer, 
 

 
         
 
         Page   2
 
         
 
         
 
         
 
         
 
         
 
         claimant has performed a variety of jobs.  From the time of hire 
 
         until June 1985 the claimant worked in various positions on the 
 
         production line.  (Joint Exhibit 57; Tr., pp. 16-25)  From July 
 
         1985 until April 1991 the claimant worked in the mechanical 
 
         department repairing and maintaining machinery as well as 
 
         welding.  (Jt. Ex. 57; Tr. pp. 34-35)  From April 8, 1991 to 
 
         present the claimant has worked as a knife sharpener.  (Jt. Ex. 
 
         57; Tr., pp. 43-44)  The jobs performed by claimant at Wilson 
 
         Foods required repetitive movement of the shoulders, arms and 
 
         hands.
 
         
 
              On March 19, 1988 claimant sustained an injury to his right 
 
         shoulder arising out of and in the course of his employment with 
 
         defendant employer. (Jt. Ex. 60; Tr. p. 36)  The claimant was 
 
         seen by Keith Garner, M.D., Wilson Foods' company doctor.  An x-
 
         ray showed mild arthritic changes at the AC joint.  (Jt. Ex. 7)
 
         
 
              Claimant continued to have right shoulder problems.  In late 
 
         summer of 1990 claimant was referred to an orthopedic specialist, 
 
         Scott Neff, D.O.  Dr. Neff's examination, including x-rays, 
 
         showed significant spurring and lipping of the acromioclavicular 
 
         joint and narrowed subacromial space.  He believed claimant had a 
 
         chronic tear of the right rotator cuff and an impingement 
 
         syndrome.  Dr. Neff recommended an arthrogram and bone scan, and 
 
         limited claimant to work at or below shoulder height.  (Jt. Ex. 
 
         28)
 
         
 
              The arthrogram confirmed the rotator cuff tear.  Surgery was 
 
         scheduled and performed by Dr. Neff on September 18, 1990.  (Jt. 
 
         Ex. 45)  Claimant received follow-up care until December 1990 
 
         when he was released to return to light duty work.  (Jt. Ex. 46)  
 
         The claimant was assigned a light duty job by defendant employer 
 
         picking up hooks weighing less than one pound.  (Tr., p. 42)
 
         
 
              On April 8, 1991 the claimant successfully bid on a job as a 
 
         knife sharpener and has continuously been in that job through the 
 
         date of hearing (February 10, 1994).  (Jt. Exs. 53, 57)  The 
 
         knife sharpening job is considered light duty and allows the 
 
         claimant to work at a table that is waist high.  (Tr., pp. 43-44)  
 
         On April 24, 1991, after having already begun the job as a knife 
 
         sharpener, the claimant was released by Dr. Neff with the 
 
         following restrictions:  "No lifting or carrying 10-20 lbs. or 
 
         less; stay on knife sharpening job."  (Jt. Ex. 41)  Dr. Neff 
 
         testified that as of the date of his deposition (November 1, 
 
         1993), the claimant was restricted to lifting 25 pounds or less 
 
         above the height of his shoulder with a one arm lift with his 
 
         right arm.  Dr. Neff felt the claimant could lift 40-50 pounds 
 
         above the shoulders using both arms.  Dr. Neff felt claimant had 
 
         full range of motion of his right shoulder and that he had 
 
         regained excellent strength in his right shoulder since his last 
 
         examination of March 3, 1993.  (Jt. Ex. 43; Jt. Ex. 51, pp. 
 

 
         
 
         Page   3
 
         
 
         
 
         
 
         
 
         23-24)  Dr. Neff felt the claimant had received an "excellent 
 
         result" from the surgery and subsequent rehabilitation.  (Jt. Ex. 
 
         51, pp. 21-22)
 
         
 
              The claimant is motivated and defendant employer has at all 
 
         times accommodated claimant's work restrictions.  Since his 
 
         return to work in April 1991 claimant has missed little, if any, 
 
         work due to his right shoulder.  (Tr., pp. 47-49, 86)  Claimant 
 
         does not require any medical treatment for his right shoulder and 
 
         for the past two years has not been prescribed any medication for 
 
         his shoulder.  (Tr., pp. 86, 93)  Dr. Neff has assigned a six 
 
         percent permanent impairment to the right upper extremity.  (Jt. 
 
         Ex. 42)
 
         
 
              Claimant has experienced a loss in actual earnings.  At the 
 
         time of injury claimant was paid $10.85 per hour (Tr., p. 87) and 
 
         worked overtime hours ranging from a few hours per week up to 20 
 
         hours per week.  (Tr., pp. 50, 95)  As a knife sharpener the 
 
         claimant is paid $10.10 per hour (Tr., pp. 55, 87), works 36-40 
 
         hours per week (Tr., p. 50) and during some months works 4-8 
 
         hours of overtime.  (Tr., p. 95)  The claimant's tax returns 
 
         reflect the following wages paid to him by defendant employer:
 
         
 
              1987           $26,376
 
              1988           $26,567
 
              1989           $27,390
 
              1990           $20,725
 
              1991           $21,134
 
              1992           $21,912
 
              1993           $21,467
 
         
 
         (Jt. Ex. 56; Tr., pp. 51-52)
 
         
 
                     REASONING AND CONCLUSIONS OF LAW
 
         
 
              The only issue on appeal is the extent of claimant's 
 
         industrial disability.
 
         
 
              Factors to be considered in determining industrial dis
 
         ability include the employee's medical condition prior to the 
 
         injury, immediately after the injury, and presently; the situs of 
 
         the injury, its severity and the length of the healing period; 
 
         the work experience of the employee prior to the injury and after 
 
         the injury and the potential for rehabilitation; the employee's 
 
         qualifications intellectually, emotionally and physically; 
 
         earnings prior and subsequent to the injury; age; education; 
 
         motivation; functional impairment as a result of the injury; and 
 
         inability because of the injury to engage in employment for which 
 
         the employee is fitted.  Loss of earnings caused by a job 
 
         transfer for reasons related to the injury is also relevant.  
 
         Likewise, an employer's refusal to give any sort of work to an 
 

 
         
 
         Page   4
 
         
 
         
 
         
 
         
 
         
 
         impaired employee may justify an award of disability.  McSpadden 
 
         v. Big Ben Coal Co., 288 N.W.2d 181 (Iowa 1980).  These are 
 
         matters which the finder of fact considers collectively in 
 
         arriving at the determination of the degree of industrial 
 
         disability.
 
         
 
              There are no weighting guidelines that indicate how each of 
 
         the factors are to be considered.  Neither does a rating of 
 
         functional impairment directly correlate to a degree of 
 
         industrial disability to the body as a whole.  In other words, 
 
         there are no formulae which can be applied and then added up to 
 
         determine the degree of industrial disability.  It therefore 
 
         becomes necessary for the deputy or commissioner to draw upon 
 
         prior experience as well as general and specialized knowledge to 
 
         make the finding with regard to degree of industrial disability.  
 
         See Christensen v. Hagen, Inc., Vol. 1 No. 3 State of Iowa 
 
         Industrial Commissioner Decisions 529 (App. March 26, 1985); 
 
         Peterson v. Truck Haven Cafe, Inc., Vol. 1 No. 3 State of Iowa 
 
         Industrial Commissioner Decisions 654 (App. February 28, 1985).
 
         
 
              Compensation for permanent partial disability shall begin at 
 
         the termination of the healing period.  Compensation shall be 
 
         paid in relation to 500 weeks as the disability bears to the body 
 
         as a whole.  Iowa Code section 85.34.
 
         
 
              Claimant, a high school graduate, 51 years of age at the 
 
         time of hearing, sustained a work injury to the right shoulder 
 
         that resulted in surgical intervention.  Claimant is motivated, 
 
         and even though defendant employer has at all times accommodated 
 
         claimant's work restrictions, the fact remains claimant has 
 
         experienced an actual loss of earnings.  The actual loss of 
 
         earnings, time of injury versus time of hearing, is seven percent 
 
         when measured strictly on the basis of hourly rate of pay, more 
 
         substantial when the loss of overtime pay is taken into account.  
 
         As reflected by Joint Exhibit 41 and Dr. Neff's deposition 
 
         testimony, claimant has work restrictions and those work 
 
         restrictions cause the industrial commissioner to conclude 
 
         claimant is somewhat less attractive to employers in the open 
 
         labor market.  These factors establish the claimant has sustained 
 
         a loss of earnings capacity.  On the other hand, even though 
 
         there was surgical intervention, the result from the surgery and 
 
         subsequent rehabilitation was excellent, the six percent 
 
         permanent impairment rating is very modest, the claimant has 
 
         missed little, if any, work since beginning the job as a knife 
 
         sharpener on April 8, 1991, and the claimant does not require 
 
         medical treatment or prescription medication for his right 
 
         shoulder.  Additionally, claimant has returned to a stable 
 
         employment relationship with his employer of more than 25 years 
 
         as evidenced by defendant employer's full and complete compliance 
 
         with claimant's work restrictions and the fact that claimant has 
 
         been continuously employed as a knife sharpener for almost three 
 

 
         
 
         Page   5
 
         
 
         
 
         
 
         
 
         years at the time of hearing.
 
         
 
              For these reasons, it is the decision of the industrial 
 
         commissioner that Larry R. Petersen has sustained a 10 percent 
 
         industrial disability.
 
         
 
              WHEREFORE, the decision of the deputy is affirmed.
 
         
 
                                       ORDER
 
         
 
              THEREFORE, it is ordered:
 
         
 
              That defendant shall pay claimant permanent partial 
 
         disability benefits for fifty (50) weeks at the rate of three 
 
         hundred eleven and 55/100 dollars ($311.55) per week commencing 
 
         April 24, 1991.
 
         
 
              That defendant shall receive credit for permanent partial 
 
         disability benefits previously paid.
 
         
 
              That defendant shall pay interest on the award as governed 
 
         by Iowa Code section 85.30.
 
         
 
              That claimant shall pay the costs of the appeal including 
 
         the transcription of the hearing.  Defendant shall pay all other 
 
         costs.
 
         
 
              That defendant shall file claim activity reports as required 
 
         by this agency pursuant to rule 343 IAC 3.1(2).
 
         
 
         
 
              Signed and filed this ____ day of October, 1994.
 
         
 
         
 
                                       ________________________________
 
                                                BYRON K. ORTON
 
                                           INDUSTRIAL COMMISSIONER
 
         
 
         Copies To:
 
         
 
         Mr. Steve Hamilton
 
         Attorney at Law
 
         P.O. Box 188
 
         606 Ontario St.
 
         Storm Lake, Iowa 50588
 
         
 
         Mr. Charles T. Patterson
 
         Attorney at Law
 
         P.O. Box 3086
 
         Sioux City Iowa 51102
 
 
         
 
 
 
 
 
 
 
 
 
 
 
                                       5-1803
 
                                       Filed October 31, 1994
 
                                       Byron K. Orton
 
         
 
         
 
                      BEFORE THE IOWA INDUSTRIAL COMMISSIONER
 
         _________________________________________________________________
 
                                         :
 
         LARRY R. PETERSEN,              :
 
                                         :
 
              Claimant,                  :        File No. 960674
 
                                         :
 
         vs.                             :          A P P E A L
 
                                         :
 
         WILSON FOODS,                   :        D E C I S I O N
 
                                         :
 
              Employer,                  :
 
              Self-Insured,              :
 
              Defendant.                 :
 
         _________________________________________________________________
 
         5-1803
 
         
 
              Claimant awarded 10 percent industrial disability based on 
 
         all factors.
 
         
 
         
 
 
            
 
            
 
            
 
            
 
            
 
                     BEFORE THE IOWA INDUSTRIAL COMMISSIONER
 
            ------------------------------------------------------------
 
            LARRY R. PETERSEN,            :
 
                                          :        File No. 960674
 
                 Claimant,                :
 
                                          :
 
            vs.                           :      A R B I T R A T I O N
 
                                          :
 
            WILSON FOODS,                 :         D E C I S I O N
 
                                          :
 
                 Employer,                :
 
                 Self-Insured,            :
 
                 Defendant.               :
 
                                          :
 
            ------------------------------------------------------------
 
                              STATEMENT OF THE CASE
 
            
 
                 This is a proceeding in arbitration brought by Larry 
 
            Petersen against his employer, Wilson Foods.  The employer 
 
            is self-insured. 
 
            
 
                 The matter was heard on February 10, 1994, at Storm 
 
            Lake, Iowa.  The record consists of the live testimony from 
 
            the claimant and Melvin Zollman (co-worker), as well as 
 
            deposition testimony from Scott Neff, D.O., Adrian Wolbrink, 
 
            M.D., and the claimant; joint exhibits 1-61; and, claimant's 
 
            exhibits A-C. 
 
            
 
                                      ISSUES
 
            
 
                 The parties submitted the following issues for 
 
            resolution:
 
            
 
                 1.  Whether claimant is entitled to permanent partial 
 
            disability payments; 
 
            
 
                 2.  Whether claimant sustained an injury to the body as 
 
            a whole, or an injury to his right arm; and,  
 
            
 
                 3.  Whether claimant is entitled to four exemptions or 
 
            five exemptions when calculating his workers' compensation 
 
            rate; 
 
            
 
                                 FINDINGS OF FACT
 
            
 
                 The undersigned deputy, having reviewed all of the 
 
            evidence received, finds the following facts:
 
            
 
                 Claimant, Larry Petersen, was born on May 5, 1942.  At 
 
            the time of the hearing, he was 51 years of age.  
 
            
 
                 Claimant is a high school graduate, and described 
 
            himself as an average student.  During high school, he 
 
            worked part-time at a gas station. 
 
            
 

 
            
 
            Page   2
 
            
 
            
 
            
 
            
 
                 After graduating from high school, claimant secured 
 
            summer  employment with Wells Dairy in LeMars, Iowa.  He 
 
            then attended linotype school in Charles City, Iowa, a 17-
 
            week program.  Claimant obtained a certificate in 
 
            linotyping, and for the next four years, worked for several 
 
            newspapers before being laid off due to the obsolescence of 
 
            linotype operators.  
 
            
 
                 From 1965 to 1967, claimant worked for Georgia Pacific 
 
            in Oregon, and then returned to Cherokee, Iowa, and began 
 
            working for Wilson Foods, the defendant in this case.  He 
 
            has worked for the employer for more than 25 years.  As a 
 
            result, he has held many positions within the meat 
 
            processing plant.  During claimant's tenure with the 
 
            employer, he has witnessed the company progress through many 
 
            changes.  In the 70s, Wilson stopped the beef kill 
 
            operations, and in 1986, discontinued the hog kill 
 
            operations.  Currently, it is strictly a processing plant. 
 
            
 
                 Claimant offered that every job he has held with the 
 
            plant has been a job which requires repetitive movement of 
 
            his shoulder, arms and hands.  Jobs he has held include beef 
 
            kill, hog kill and pork converting.  Throughout much of his 
 
            career with the employer,  claimant has been required to 
 
            work 8 to 10 hours per day, five to six days per week.  He 
 
            has performed a job called shoulder shaving, which involved 
 
            using a knife to shave off the remaining hair on the meat, 
 
            and the front foot job, which required him to remove the toe 
 
            nails and shave the hair off of the feet.  Additional jobs 
 
            include boning picnic hams and removing eyelids from the 
 
            hams.  All jobs have required repetitive movements with the 
 
            arms.
 
            
 
                 Claimant has a history of shoulder problems, all of 
 
            which can be attributed to his work.  He received treatment 
 
            for a muscle strain, but has always been able to return to 
 
            work. 
 
            
 
                 In March of 1988, claimant was injured on the job.  He 
 
            visited Keith Garner, M.D., the company physician.  An x-ray 
 
            showed mild arthritic changes at the AC joint.  (Joint 
 
            Exhibit 7)
 
            
 
                 Claimant continued to have problems with his right 
 
            shoulder, and in the late summer of 1990, was referred to an 
 
            orthopedic specialist, Scott Neff, D.O.  His examination and 
 
            x-rays showed significant spurring and lipping of the 
 
            acromioclavicular joint, and a narrowed subacromial space.  
 
            He believed claimant had a chronic tear of the right rotator 
 
            cuff and an impingement syndrome.  He recommended an 
 
            arthrogram and bone scan, and work limited to at or below 
 
            shoulder height.  (Jt. Ex. 28)
 
            
 
                 The arthrogram confirmed the rotator cuff tear, and 
 
            surgery was scheduled, and performed by Dr. Neff on 
 
            September 18, 1990, at Lutheran Hospital in Des Moines, 
 
            Iowa.  Claimant received follow-up treatment until December 
 
            of 1990, when he was released to return to light duty at the 
 
            plant.  This consisted of moving throughout the plant 
 
            picking up meat hooks which weighed less than one pound.  
 

 
            
 
            Page   3
 
            
 
            
 
            
 
            
 
            (Jt. Ex. 45)
 
            
 
                  Eventually, claimant was released to full duty work, 
 
            after acquiring a knife sharpening job at the plant.  This 
 
            is considered a light duty job, and claimant is required to 
 
            sharpen knives at a table which is waist high.  In April of 
 
            1991, Dr. Neff recommended that claimant continue to work on 
 
            the knife sharpening job indefinitely.  (Jt. Ex. 41)   
 
            Eventually, Dr. Neff rendered his decision that claimant had 
 
            sustained a 6 percent permanent impairment to the right 
 
            upper extremity, attributable to the surgery and range of 
 
            motion.  Claimant apparently worked hard at his 
 
            rehabilitation program, and has had an excellent result from 
 
            the surgery.   (Jt. Ex. 42)
 
            
 
                 Due to the physical requirements of the job, claimant's 
 
            current position pays less than his prior jobs, and claimant 
 
            has suffered actual loss of earnings of approximately 
 
            $5,500.00.  He works 36 to 40 hours per week.  (Claimant 
 
            exhibit B)
 
            
 
                 Claimant plans to work until he is 62 years of age.  
 
            
 
                          ANALYSIS AND CONCLUSIONS OF LAW
 
            
 
                 The first issue to address is whether claimant has 
 
            sustained a permanent disability. 
 
            
 
                 The party who would suffer loss if an issue were not 
 
            established has the burden of proving that issue by a 
 
            preponderance of the evidence.  Iowa R. App. P. 14(f).
 
            
 
                 The claimant has the burden of proving by a 
 
            preponderance of the evidence that the injury is a proximate 
 
            cause of the disability on which the claim is based.  A 
 
            cause is proximate if it is a substantial factor in bringing 
 
            about the result; it need not be the only cause.  A 
 
            preponderance of the evidence exists when the causal 
 
            connection is probable rather than merely possible.  
 
            Blacksmith v. All-American, Inc., 290 N.W.2d 348 (Iowa 
 
            1980); Holmes v. Bruce Motor Freight, Inc., 215 N.W.2d 296 
 
            (Iowa 1974).
 
            
 
                 The question of causal connection is essentially within 
 
            the domain of expert testimony.  The expert medical evidence 
 
            must be considered with all other evidence introduced 
 
            bearing on the causal connection between the injury and the 
 
            disability.  The weight to be given to any expert opinion is 
 
            determined by the finder of fact and may be affected by the 
 
            accuracy of the facts relied upon by the expert as well as 
 
            other surrounding circumstances.  The expert opinion may be 
 
            accepted or rejected, in whole or in part.  Sondag v. Ferris 
 
            Hardware, 220 N.W.2d 903 (Iowa 1974); Anderson v. Oscar 
 
            Mayer & Co., 217 N.W.2d 531 (Iowa 1974); Bodish v. Fischer, 
 
            Inc., 257 Iowa 516, 133 N.W.2d 867 (1965).
 
            
 
                 While it is recognized that claimant has had arthritic 
 
            changes in his shoulder since as early as 1982, he had never 
 
            undergone extensive medical treatment for the same.  
 
            Likewise, he has always been able to perform repetitious, 
 

 
            
 
            Page   4
 
            
 
            
 
            
 
            
 
            labor-intensive activities, until the rotator cuff tear.  
 
            Dr. Neff, the treating physician, and really the only 
 
            physician associated with the case, has determined that 
 
            claimant has sustained a 6 percent impairment to the right 
 
            upper extremity due to the surgery and limited range of 
 
            motion now shown by claimant.  
 
            
 
                 After considering all of the evidence, it is determined 
 
            that claimant has sustained a permanent injury. 
 
            
 
                 The next issue to address is whether claimant sustained 
 
            a scheduled member injury, or an injury to the body as a 
 
            whole.  If the latter, claimant's industrial disability must 
 
            be addressed.  
 
            
 
                 The right of an employee to receive compensation for 
 
            injuries sustained is statutory. The statute conferring this 
 
            right can also fix the amount of compensation payable for 
 
            different specific injuries.  The employee is not entitled 
 
            to compensation except as the statute provides.  Soukup v. 
 
            Shores Co., 222 Iowa 272, 268 N.W. 598 (1936).
 
            
 
                 Compensation for permanent partial disability begins at 
 
            termination of the healing period.  Section 85.34(2).  
 
            Permanent partial disabilities are classified as either 
 
            scheduled or unscheduled.  A specific scheduled disability 
 
            is evaluated by the functional method; the industrial method 
 
            is used to evaluate an unscheduled disability. Simbro v. 
 
            Delong's Sportswear, 332 N.W.2d 886 (Iowa 1983); Graves v. 
 
            Eagle Iron Works, 331 N.W.2d 116 (Iowa 1983); Martin v. 
 
            Skelly Oil Co., 252 Iowa 128, 106 N.W.2d 95 (1960).
 
            
 
                 An injury to a scheduled member may, because of after 
 
            effects or compensatory change, result in permanent 
 
            impairment of the body as a whole.  Such impairment may in 
 
            turn be the basis for a rating of industrial disability.  It 
 
            is the anatomical situs of the permanent injury or 
 
            impairment which determines whether the schedules in section 
 
            85.34(2)(a) - (t) are applied.  Lauhoff Grain v. McIntosh, 
 
            395 N.W.2d 834 (Iowa 1986); Blacksmith, 290 N.W.2d 348; 
 
            Dailey v. Pooley Lumber Co., 233 Iowa 758, 10 N.W.2d 569 
 
            (1943).  Soukup v. Shores Co., 222 Iowa 272, 268 N.W. 598 
 
            (1936).
 
            
 
                 When disability is found in the shoulder, a body as a 
 
            whole situation may exist.  Alm v. Morris Barick Cattle Co., 
 
            240 Iowa 1174, 38 N.W.2d 161 (1949).  In Nazarenus v. Oscar 
 
            Mayer & Co., II Iowa Industrial Commissioner Report 281 
 
            (App. 1982), a torn rotator cuff was found to cause 
 
            disability to the body as a whole.
 
            
 
                 Apparently, defendant is of the view that claimant's 
 
            shoulder injury has caused disability only to the upper 
 
            extremity, and should be compensated as a scheduled loss.  
 
            Claimant believes his disability is to the body as a whole, 
 
            and should be compensated industrially.
 
            
 
                 Evidently, defendant relies on a recent agency decision 
 
            which determined that a claimant, who sustained a shoulder 
 
            injury, should be compensated by one schedule.  See, Prewitt 
 

 
            
 
            Page   5
 
            
 
            
 
            
 
            
 
            v. Firestone Tire and Rubber Company (Appl. Dec., August 12, 
 
            1992).  In Prewitt, medical testimony and documentation was 
 
            used to show that claimant's actual disability was confined 
 
            to the arm, and specifically denied that the disability was 
 
            to the body as a whole.  Prewitt confirmed that it is the 
 
            situs of the impairment which determines whether the 
 
            schedules in section 85.34(2)"a" -"t" are applied.  Lauhoff 
 
            Grain v. McIntosh, 395 N.W.2d 834 (Iowa 1986).
 
            
 
                 In the case at bar, it is determined that claimant's 
 
            impairment extends to the body.  He is restricted from some 
 
            lifting or work activities at or above shoulder level.  The 
 
            surgery involved the muscles and joints on the body side, 
 
            rather than the arm.  Claimant's residual pain is in his 
 
            shoulder.  As a result, he has sustained an injury to the 
 
            body as a whole, and should be compensated industrially.
 
            
 
                 The next issue to determine is claimant's industrial 
 
            disability. 
 
            
 
                 Claimant is 51 years of age.  He is a high school 
 
            graduate, and has limited training in linotyping.  These 
 
            skills have not been used in quite some time. 
 
            
 
                 Claimant is essentially a career employee with the 
 
            defendant.  He has been an excellent employee.
 
            
 
                 While claimant's shoulder condition and the subsequent 
 
            surgery has caused claimant some pain and loss of time from 
 
            work, he has had an excellent recovery.  His motivation to 
 
            return to suitable work is shown not only by his dedication 
 
            to physical therapy and rehabilitation after the surgery, 
 
            but by the efforts he has made to continue working at the 
 
            plant.  His job duties have changed, but at his age, and 
 
            with his seniority, this is probably not unusual.  The 
 
            employer has accommodated claimant's restrictions, and has 
 
            continued to employ him at the plant.  Before the injury, 
 
            claimant was able to perform a variety of jobs within the 
 
            plant; now, he is restricted to only the knife sharpening 
 
            job.  
 
            
 
                 Claimant's 6 percent impairment to the upper extremity 
 
            converts to a 4 percent impairment to the body as a whole.
 
            
 
                 After considering all of the factors enumerated above, 
 
            it is determined that claimant has sustained a 10 percent 
 
            industrial loss. 
 
            
 
                 Finally, the undersigned finds claimant is entitled to 
 
            five exemptions when determining his rate.  Claimant 
 
            testified that he had dependent children in March of 1988.  
 
            He claimed all of them as exemptions on his tax returns.  As 
 
            a result, claimant's workers' compensation rate is $311.55 
 
            per week based on gross weekly earnings of $481.79, marital 
 
            status and five exemptions.
 
            
 
                                       ORDER
 
            
 
                 THEREFORE, it is ordered:
 
            
 

 
            
 
            Page   6
 
            
 
            
 
            
 
            
 
                 That claimant has sustained a cumulative injury and 
 
            left work on October 10, 1991.
 
            
 
                 That defendant shall pay claimant permanent partial 
 
            disability benefits for fifty (50) weeks at the rate of 
 
            three hundred eleven and 55/100 dollars ($311.55) per week 
 
            commencing April 24, 1991.
 
            
 
                 That defendant shall receive credit for permanent 
 
            partial disability benefits previously paid.
 
            
 
                 That defendant shall pay interest on the award as 
 
            governed by Iowa Code section 85.30.
 
            
 
                 That defendant shall pay the costs of this action.
 
            
 
                 That defendant shall file a claims activity report as 
 
            provided by the agency.
 
            
 
                 Signed and filed this ____ day of March, 1994.
 
            
 
            
 
            
 
            
 
                                          
 
                                          ________________________________
 
                                          PATRICIA J. LANTZ
 
                                          DEPUTY INDUSTRIAL COMMISSIONER
 
            
 
            Copies To:
 
            
 
            Mr Steve Hamilton
 
            Attorney at Law
 
            P O Box 188
 
            Storm Lake IA 50588
 
            
 
            Mr John D Ackerman
 
            Mr Charles T Patterson
 
            Attorneys at Law
 
            P O Box 3086
 
            Sioux City IA 51102