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City of Des Moines - Arbitration Decision","","Arbitration decision addressing an Iowa workers’ compensation dispute filed by Cody Kenyon against the City of Des Moines. The case follows a stipulated work injury on May 6, 2022 while patching asphalt that led to immediate back pain and subsequent leg symptoms. The record includes joint and party exhibits, multiple witness testimonies, and post-hearing briefs. The decision resolves disputed issues on permanent disability causation, extent of permanent partial disability benefits, benefit commencement date, and costs.",{"@graph":63,"@context":118},[64,80,101],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":51,"@type":70,"position":76},"https://docshare.wps.com/template/general/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/kenyon-v-city-of-des-moines-arbitration-decision/281278/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/kenyon-v-city-of-des-moines-arbitration-decision/281278.png","ImageObject",442,249,{"name":88,"@type":89},"Oliver","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-09-24","2026-09-16",true,{"@type":98,"interactionType":99,"userInteractionCount":76},"InteractionCounter",{"@type":100},"ViewAction",{"@type":102,"mainEntity":103},"FAQPage",[104,110,114],{"name":105,"@type":106,"acceptedAnswer":107},"What work injury is the arbitration based on?","Question",{"text":108,"@type":109},"The decision stems from a stipulated work injury occurring on May 6, 2022 while Kenyon’s crew was repairing asphalt patches on Jefferson Avenue.","Answer",{"name":111,"@type":106,"acceptedAnswer":112},"What disputed issues are submitted for resolution?",{"text":113,"@type":109},"The parties disputed whether the injury caused permanent disability, the extent of any permanent partial disability benefits, the proper commencement date for benefits, and costs.",{"name":115,"@type":106,"acceptedAnswer":116},"What medical steps were taken after the injury?",{"text":117,"@type":109},"Kenyon was evaluated by treating physicians, received medications, underwent an MRI on May 10, 2022, and physical therapy was recommended; work restrictions were adjusted during follow-up visits.","https://schema.org",{"og:url":78,"og:type":120,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":122,"canonical":78},"index,follow",{"doc_id":124,"site_id":56},281278,1790183033,{"code":4,"msg":5,"data":127},{"doc_id":124,"user_id":128,"nickname":88,"user_avatar":129,"doc_module":9,"category_id":50,"category_name":51,"doc_title":59,"doc_description":61,"doc_content":130,"file_id":131,"file_url":132,"file_type":133,"file_size":134,"view_count":76,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":135,"language":136,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":137,"faqs":138,"seo_title":139,"seo_description":61,"update_tm":140,"read_time":47},8796095461610,"https://ap-avatar.wpscdn.com/davatar_276721f389ce27ea32af1340a28f341c","ELECTRONICALLY FILED 2025-Feb-13 11:59:37 DIVISION OF WORKERS' COMPENSATION  \nBEFORE THE IOWA WORKERS’ COMPENSATION COMMISSIONER  \n\n| CODY KENYON, | ::\u003Cbr>: | FILE NO. 23006637.01 |\n| --- | --- | --- |\n| Claimant, | :: | ARBITRATION DECISION |\n| vs. | :: |  |\n| CITY OF DES MOINES, | :: |  |\n| Self-Insured Employer, | :: | HEAD NOTES: 1402.40, 1803, 2206, 2907 |\n| Defendant. | : |  |\n\nSTATEMENT OF THE CASE  \nCody Kenyon, claimant, filed a petition for arbitration against City of Des Moines. This case came before the undersigned for an arbitration hearing on July 18, 2024, via Zoom.  \nThe parties filed a hearing report at the commencement of the hearing. On the hearing report, the parties entered into numerous stipulations. Those stipulations were accepted and no factual or legal issues relative to the parties' stipulations will be made or discussed. The parties are now bound by their stipulations.  \nThe evidentiary record includes Joint Exhibits 1 through 8, Claimant's Exhibits 1 through 3, and Defendant’s Exhibits A through E. All exhibits were received without objection.  \nMr. Kenyon testified on his own behalf. John Brauer, Dale Kenyon, and Douglas Triplett also testified on claimant’s behalf. The evidentiary record closed at the conclusion of the evidentiary hearing. All parties served their post-hearing briefs on August 23, 2024, at which time this case was deemed fully submitted to the undersigned.  \nISSUES  \nThe parties submitted the following disputed issues for resolution:  \n1. Whether the alleged injury is a cause of permanent disability;  \n2. The extent of claimant's entitlement to permanent partial disability benefits, if any;  \nKENYON V. CITY OF DES MOINES Page 2  \n3. The proper commencement date for permanent disability benefits; and  \n4. Costs.  \nFINDINGS OF FACT  \nThe undersigned, having considered all of the evidence and testimony in the record, finds:  \nThe instant case stems from a stipulated work injury occurring on May 6, 2022. The claimant at the center of this case is Cody Kenyon, a 31-year-old individual who lives and works in Des Moines, Iowa. Kenyon is a high school graduate. After highschool, Kenyon attended Des Moines Area Community College for approximately six months, but quit prior to finishing his first semester due to the birth of a child. (Exhibit E, Depo. pp. 4-5) His employment history has involved roles requiring physical labor and technical skills across various fields, including street maintenance, truck driving, computer support, and equipment operation. (Ex. B, pp. 2-3)  \nKenyon began working in the Public Works’ streets department for the City of Des Moines in June of 2020. (Ex. B, p. 3) Initially, Kenyon worked as a temporary or seasonal worker. After his initial employment period, the City of Des Moines offered Kenyon a full-time position. (Hearing Transcript, pp. 9-10) As a “street maintenance worker” Kenyon performed semi-skilled work in connection with the maintenance and construction of roads and other City facilities. (Ex. A, p. 1) Kenyon mainly handled asphalt work for the streets department.  \nOn Friday, May 6, 2022, Kenyon’s crew was repairing patches of asphalt on Jefferson Avenue. To patch the various areas of asphalt, Kenyon’s crew utilized an asphalt truck owned, operated, and maintained by the City of Des Moines. The truck dispensed asphalt out of an auger and down a chute. (Hr. Tr., pp. 12-13) Unfortunately, the chute on this specific truck was not functioning properly on the date of injury. As a result, the crew members had to shovel the asphalt from the chute to the patch. (Hr. Tr., pp. 11-12) While shoveling the asphalt, Kenyon experienced an intense stabbing pain in his back and he fell to his knees. (Hr. Tr., pp. 12-13)  \nOver the following weekend, Kenyon presented to Hayley Sharpe, ARNP , reporting a four-day history of low back pain that began after shoveling asphalt. (JE3, p. 13) His pain was located in the left hip, with radiating pain down both legs. Ms. Sharp","cbCaidFq73uxqFeP","https://ap.wps.com/l/cbCaidFq73uxqFeP","pdf",195152,13,"English","# Statement of the Case\n# Issues\n# Findings of Fact\n## Work injury and medical treatment timeline\n## Ongoing symptoms and work restrictions\n# (Next sections not fully visible)","[{\"question\":\"What work injury is the arbitration based on?\",\"answer\":\"The decision stems from a stipulated work injury occurring on May 6, 2022 while Kenyon’s crew was repairing asphalt patches on Jefferson Avenue.\"},{\"question\":\"What disputed issues are submitted for resolution?\",\"answer\":\"The parties disputed whether the injury caused permanent disability, the extent of any permanent partial disability benefits, the proper commencement date for benefits, and costs.\"},{\"question\":\"What medical steps were taken after the injury?\",\"answer\":\"Kenyon was evaluated by treating physicians, received medications, underwent an MRI on May 10, 2022, and physical therapy was recommended; work restrictions were adjusted during follow-up visits.\"}]","Kenyon v. City of Des Moines - Arbitration Decision | PDF",1789565307]