JOHN THIELKING, Claimant
v.
GLAZER’S DISTRIBUTORS OF IOWA, Employer,
and
NEW HAMPSHIRE INSURANCE CO., Insurance Carrier, Defendants.
No. 5053369.01
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 24, 2020
HEAD
NOTE: 2701
ALTERNATE MEDICAL CARE DECISION
JAMES
F. ELLIOTT DEPUTY WORKERS’ COMPENSATION COMMISSIONER
STATEMENT
OF THE CASE
This is
a contested case proceeding under Iowa Code chapters 85 and
17A. The expedited procedure of rule 876 I.A.C. 4.48 is
invoked by claimant, John Thielking.
The
alternate medical care claim came on for hearing on February
24, 2020. The proceedings were digitally recorded which
constitutes the official record of this proceeding. This
ruling is designated final agency action and any appeal of
the decision would be to the Iowa District Court pursuant to
Iowa Code 17A.
The
record consists of Claimant’s Exhibits 1 – 4, the
alternative medical care petition and notice of hearing. The
claimant testified and Pat Thielking, claimant’s
mother, testified. Attorney Cory Abbas appeared on behalf of
claimant. Attorney Patrick Mack, appeared on behalf of
defendants.
ISSUE
The
issue presented for resolution is whether the claimant is
entitled to alternate medical care consisting of the trial
and implanting of a Dorsal Root Ganglion Stimulator (DRG
April 2, 2014) by Andrzej Szczepanek, M.D. to lessen
claimant’s pain due to his hernia and hernia surgery.
FINDINGS
OF FACT
The
undersigned having considered all of the testimony and
evidence in the record finds: Defendants admitted liability
for an injury occurring on April 2, 2014. A
commissioner’s decision found the claimant’s
hernia of April 2, 2014 arose out of and in the course of his
employment. Claimant has expressed dissatisfaction with the
care being provided by defendants. (Exhibits 3, 4) Claimant
was injured at work and had a hernia. Claimant had a No. of
surgeries for his hernia and pain that followed his surgery.
Claimant had surgery performed by Eric...
