Coronel v. Smithfield Foods, Inc., 020721 IAWC, 20700286.02

Docket Nº20700286.02
Case DateFebruary 07, 2021
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...

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