LIZZI CORONEL, Claimant
v.
SMITHFIELD FOODS, INC., Employer,
and
SAFETY NATIONAL CASUALTY CORP., Insurance Carrier, Defendants.
No. 20700286.02
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, Lizzi Coronel. Claimant appeared through
attorney, Jennifer Zupp. Defendants appeared through their
attorney, Michael Miller.
The
alternate medical care claim came on for hearing on May 19,
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 claimant’s exhibits 1 through 3 and
defense exhibits A and B, which were all received without
objection. The defendants do not dispute liability for
claimant’s left shoulder or rotator cuff
condition.1
ISSUE
The
issue presented for resolution is whether the claimant is
entitled to alternate medical care under Iowa Code section
85.27.
FINDINGS
OF FACT
The
claimant sustained an injury to her left shoulder which arose
out of and in the course of her employment. The employer has
directed the medical treatment for this injury.
On
April 9, 2020, Ms. Coronel was evaluated by Timothy Vinyard,
M.D., an authorized physician. He diagnosed tendinitis of the
left rotator cuff recommended physical therapy. “I also
gave the patient a prescription for physical therapy.”
(Claimant’s Exhibit 1 page 2) He recommended four weeks
of physical therapy for 2-3 times per week. (Cl Ex. 2, p. 4)
On May
4, 2020, counsel for defendants informed claimant’s
counsel that her therapy would be in the plant. (Cl. Ex. 2,
pp. 2-3) Claimant’s counsel immediately responded that
claimant did not want to go back into the plant for the
therapy. “Yeah, she is not going to do therapy there
during the outbreak.” (Cl. Ex. 2, p. 2) Defense counsel
responded immediately. “My client says she will need to
come to the...
