Cox v. Loves Travel Stops & Country, 020721 IAWC, 20009767.01

• Case Date: February 07, 2021
• Court: Iowa

WAVIE COX, Claimant v. LOVES TRAVEL STOPS & COUNTRY : STORES, ALTERNATE MEDICAL Employer, and INDEMNITY INS. CO. OF NORTH AMERICA, Insurance Carrier, Defendants. No. 20009767.01 Iowa Workers Compensation Before the Iowa Workers' Compensation Commissioner February 7, 2021          Head Note No. 2701           ALTERNATE MEDICAL CARE DECISION           ERIN Q. PALS 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, Wavie Cox. Claimant appeared personally and through his attorney, Joseph Powell. Defendants appeared through their attorney, Robert Gainer.          The alternate medical care claim came on for hearing on October 27, 2020. The proceedings were digitally recorded. That recording constitutes the official record of this proceeding. 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 and 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 1-3 and Defendants’ Exhibits A and B, and claimant’s testimony during the telephonic hearing. During the course of the hearing defendants accepted liability for the July 13, 2020 work injury and for the back condition for which claimant is seeking treatment.          ISSUE          The issue for resolution is whether the claimant is entitled to alternate medical care.          FINDINGS OF FACT          Claimant, Wavie Cox, sustained a work injury to his back on July 13, 2020. Defendants have accepted liability for the back injury and authorized treatment with Michael Dolphin, D.O., at Orthopaedic Specialists. Mr. Cox saw Dr. Dolphin on August 12, 2020. A July 29, 2020 MRI revealed a left paracentral disc herniation at ¶ 5-S1 causing S1 nerve impingement. Dr. Dolphin diagnoses included: low back pain, radiculopathy lumbar spine, other intervertebral disc displacement of the lumbosacral region. Dr. Dolphin noted to date Mr. Cox had treated with medications with slight improvement. He stated:

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