KARENJEANNE DUNBAR, Claimant
v.
MENARDS, INC., Employer, Defendant.
No. 19700674.01
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 3, 2020
HEAD
NOTE NO: 2701
ALTERNATE MEDICAL CARE DECISION
STEPHANIE J. COPLEY, 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, Karenjeanne Dunbar. Claimant appeared
telephonically and through her attorney, William Nicholson.
Defendant failed to appear for the alternate medical care
hearing.
The
alternate medical care claim came on for hearing on January
3, 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.
Claimant
offered six pages of exhibits, marked as Exhibits A through
B. No other evidence was received into the evidentiary record
and the evidentiary record closed at the conclusion of the
hearing on January 3, 2019.
Given
defendant’s failure to appear for hearing or otherwise
defend the alternate medical care hearing, it is found to be
in default. All allegations of the claimant’s petition
for alternate medical care are accepted as accurate.
ISSUE
The
issue presented for resolution is whether the claimant is
entitled to alternate medical care consisting of treatment
with Matthew Bollier, M.D., and Elayne Gustoff, ARNP,
including but not limited to injections, a TENS unit, or
additional evaluation or testing as Dr. Bollier or Ms.
Gustoff recommend.
FINDINGS
OF FACT
Claimant
sustained a work-related injury to her right...
