Cook v. Walmart Associates, Inc., 020721 IAWC, 1662227.01

Docket Nº1662227.01
Case DateFebruary 07, 2021
CourtIowa
TAMMY COOK, Claimant,
v.
WALMART ASSOCIATES, INC., Employer,
and
NEW HAMPSHIRE INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 1662227.01
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 7, 2021
         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, Tammy Cook. Claimant appeared personally and through attorney, Mindi Vervaecke. Defendants appeared through their attorney, Alison Stewart.          The alternate medical care claim came on for hearing on May 29, 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 exhibits 1 through 5 and defense exhibits A through D, which were received without objection. The defendants do not dispute liability for claimant’s February 12, 2019, work injury.          ISSUE          The issue presented for resolution is whether the claimant is entitled to medical treatment for her left ankle condition.          FINDINGS OF FACT          Tammy Cook sustained an injury to her left lower extremity in February 2019 while working for the employer. She suffered a fracture in her left ankle. She received authorized medical treatment through Michael Scherb, M.D. The treatment provided was reasonable. Dr. Scherb diagnosed closed avulsion fracture of left ankle with routine healing. In November 2019, he noted “aching and swelling”, placed her in a boot and released her with no follow ups and no restrictions. (Claimant’s Exhibit 1) He...

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