KATIE R. BOYLE, Claimant
v.
VENUWORKS OF CEDAR RAPIDS, L.L.C., Employer,
and,
AMERICAN AUTOMOBILE INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 20700184.01
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
March 3, 2020
HEAD
NOTE NO: 2701
ALTERNATE MEDICAL CARE DECISION
WILLIAM H. GRELL DEPUTY WORKERS’ COMPENSATION
COMMISSIONER
STATEMENT
OF THE CASE
This is
a contested case proceeding under Iowa Code chapters 85 and
17A. By filing an original notice and petition for alternate
medical care, claimant, Katie Boyle, invoked the expedited
procedure of rule 876 I.A.C. 4.48. Claimant’s original
notice and petition contains proof of service upon the
employer. It is found that the petition was properly served
via certified mail upon the employer. Nevertheless, the
defendants have not entered an appearance or responded in any
way to the pending petition for alternate medical care.
The
alternate medical care claim came on for telephonic hearing
on March 4, 2020. The proceedings were digitally recorded.
That recording constitutes the official record of this
proceeding. Claimant appeared through her attorney, Nate
Willems. Defendants failed to appear for the hearing.
Pursuant
to the Commissioner’s February 16, 2015 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. Any
appeal of the decision would be to the Iowa District Court
pursuant to Iowa Code section 17A.
The
evidentiary record consists of claimant’s exhibit A.
ISSUE
The
issue presented for resolution is whether the claimant is
entitled to an evaluation performed by a physician
specializing in obstetrics and gynecological medicine.
FINDINGS
OF FACT
The
undersigned having considered all the evidence in the record
finds:
Claimant
sustained an injury to her left lower extremity, which arose
out of and in the course of...
