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...
