ERIC AKKERMAN, Claimant
v.
CITY OF DES MOINES, Employer, Self-Insured, Defendants.
No. 5047534.01
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 28, 2020
HEAD
NOTE No. 2701
ALTERNATE MEDICAL CARE DECISION
JOSEPH
L. WALSH 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, Eric Akkerman. Claimant appeared
personally and through attorney, Christopher Spaulding. The
City of Des Moines appeared through counsel, Luke DeSmet.
The
alternate medical care claim came on for hearing on February
27, 2020. The proceedings were digitally recorded. That
recording constitutes the official record of this proceeding.
Pursuant to the Commissioner’s Order, the undersigned
has been delegated authority to issue a final agency decision
in this alternate medical care proceeding. Therefore, this
ruling is designated final agency action and any appeal of
the decision would be to the Iowa District Court pursuant to
Iowa Code section 17A.
The
record consists of claimant’s exhibit 1 and defense
exhibit A, which were received without objection. The City
does not dispute liability for claimant’s January 15,
2014, work injury.
ISSUE
The
issue presented is whether the claimant is entitled to an
order instructing the City to provide timely care.
FINDINGS
OF FACT
A
review of the file reflects that Mr. Akkerman filed for
alternate medical care on this injury multiple times seeking
medical care for his low back. The City was previously found
to have abandoned medical care and was ordered to authorize
care.
At
hearing, claimant’s counsel stated in his opening
statement that the City agreed to provide treatment to the
claimant, including an MRI and referral to a specialist on
November 4, 2019.
Claimant
testified that his low back pain is bad and he is miserable...
