Erlbacher v. Iowa, 020721 IAWC, 5056101.01

Docket Nº5056101.01
Case DateFebruary 07, 2021
REM IOWA, Employer,
NEW HAMPSHIRE INSURANCE CO., Insurance Carrier, Defendants.
No. 5056101.01
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 7, 2021
         HEAD NOTE NO: 2701           ALTERNATE MEDICAL CARE DECISION           JOSEPH L. WALSH 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, Sherrie Erlbacher. Claimant was not present and appeared through attorney, Dillon Besser. Defendants appeared through their attorney, Ed Rose.          The alternate medical care claim came on for hearing on December 7, 2020. The proceedings were digitally recorded through the agency electronic recording system. That recording constitutes the official record of the proceedings. Pursuant to the Commissioner’s 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.          The record consists of claimant’s exhibits 1 and 2, which were received without objection. The defendants do not dispute liability for claimant’s work injuries.          ISSUE          The issue presented for resolution is whether the claimant is entitled to alternate medical care to receive medications.          FINDINGS OF FACT          The claimant sustained significant injuries to her whole body in 2013 and 2014. As a result, the parties entered into an agreement for settlement (AFS) in April 2019, which included open medical. Claimant had been receiving her medications through IWP, including Dihydroergotamine spray. The carrier apparently has denied past payments for this medication. (Claimant’s Exhibits 1 and 2)          At hearing, defense counsel provided an explanation for the denial, however, indicated that the...

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