LINDA DENTON, Claimant
v.
PILLAR OF CEDAR VALLEY, Employer,
and
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...
