Denton v. Pillar of Cedar Valley, 020721 IAWC, 20700762.01

Docket Nº20700762.01
Case DateFebruary 07, 2021
DIAMOND INSURANCE GROUP, LTD, Insurance Carrier, Defendants.
No. 20700762.01
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 7, 2021
         HEAD NOTE No. 2701           ALTERNATE MEDICAL CARE DECISION           WILLIAM H. GRELL 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, Linda Denton. Claimant filed her original notice and petition for alternate medical care on August 28, 2020, seeking authorization of a left knee surgery recommended by her treating orthopaedic surgeon, Robert B. Bartelt, M.D., on July 31, 2020. Defendants filed a timely answer. Defendants admit liability for the alleged work-related knee injury, which occurred on June 25, 2020.          The alternate medical care claim came on for a telephonic hearing on September 9, 2020. Claimant appeared through her attorney, Joseph Powell. Defendants appeared through their attorney, Tyler Block.          The alternate medical care 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. Claimant offered exhibits 1-2, which include a total of 3 pages. Defendants offered exhibits A-B, which consisted of a total of four pages. All exhibits were received into the evidentiary record without objection.          No other witnesses were called to testify and the evidentiary record closed at the conclusion of the alternate medical care hearing. Counsel for the parties offered succinct and cogent argument on the merits of this alternate medical care proceeding.          ISSUE          The issue presented for resolution is whether the claimant is entitled to an order of alternate care and specifically authorization of medical care through Dr. Bartelt, including but not limited to the surgery Dr. Bartelt recommended after his July 31, 2020 evaluation of claimant’s left knee.          FINDINGS OF FACT          The undersigned having considered all the evidence in the record finds:          Claimant, Linda Denton, sustained a work-related injury to her left knee on June 25, 2020, when she fell while working for the employer, Pillar of Cedar Valley. (Original Notice and Petition Concerning Application for Alternate Care; Answer; Defendants’ Exhibit A) Defendants conceded at hearing that they authorized medical care for claimant through Allen Occupational Health after the injury. According to argument offered by counsel, Allen Occupational Health recommended an...

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