Boyle v. Venuworks of Cedar Rapids, L.L.C., 031020 IAWC, 20700184.03

Case DateMarch 10, 2020
CourtIowa
KATIE R. BOYLE, Claimant,
v.
VENUWORKS OF CEDAR RAPIDS, L.L.C., Employer,
and
AMERICAN AUTOMOBILE INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 20700184.03
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
March 10, 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. Notice of hearing was given by this agency to the employer and insurance carrier via U.S. Mail on February 28, 2020. 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 10, 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 1, consisting of four pages.          ISSUE          The issue presented for resolution is whether the claimant is entitled to a blood thinning medication, Eliquis, which has been recommended by the authorized physician.          FINDINGS OF FACT          The undersigned having considered all the evidence in the record finds: ...

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