Denemark v. Archer Daniels Midland Co., 012621 IAWC, 20001051.03

Docket Nº20001051.03
Case DateJanuary 26, 2021
CourtIowa
BRIAN DENEMARK, Claimant,
v.
ARCHER DANIELS MIDLAND COMPANY, Employer, Self-Insured, Defendant.
No. 20001051.03
Iowa Workers Compensation
Before the Iowa Workers’ Compensation Commissioner
January 26, 2021
         HEAD NOTE No. 2701          ALTERNATE MEDICAL CARE DECISION           HEATHER L PALMER, DEPUTY WORKERS’ COMPENSATION COMMISSIONER          Claimant Brian Denemark filed an Original Notice and Petition Concerning Application for Alternate Care (“Application for Alternate Care”) on January 13, 2021, alleging he sustained an injury to his left upper extremity, TFCC of the left wrist, and alleging he was dissatisfied with the care provided by the defendant, Archer Daniels Midland Company (“ADM”), because Dr. Kuo’s surgery recommendation on August 18, 2020 for October 5, 2020 had been delayed by the adjuster, and the surgery recommended and scheduled by Dr. Lawler at the University of Iowa Hospitals and Clinics (“UIHC”) on January 12, 2021 had been cancelled due to defense conduct. Denemark requested an order for surgery with Dr. Lawler and timely, uninterrupted follow-up care as determined to be medically necessary, and the ability to self-select and self-direct care to avoid further delays, denials, and interference with prompt receipt of care. ADM filed an answer admitting liability for the condition.          On January 26, 2021, a hearing was held on the Application for Alternate Care by telephone conference call. Attorney Dennis Currell represented Denemark. Denemark appeared and testified. Attorney Peter Thill represented ADM. Exhibits 1 through 8 and A and B were admitted into the record. The proceeding was recorded digitally by iPhone and the digital record is the official record of the proceeding.          The undersigned has been delegated with the authority to issue final agency action in this matter. Appeal of this decision, if any, is to the district court pursuant to Iowa Code section 17A.19.          FINDINGS OF FACT          Denemark injured his left wrist while working for ADM. A hearing was held in November 2020 concerning the care Denemark was receiving. Denemark sought to direct...

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