SHERRIE ERLBACHER, Claimant
v.
REM IOWA, Employer,
and
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...
