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...
