PAUL T. FLEETWOOD, Claimant
v.
THE MASCHHOFFS, LLC, Employer,
and
SENTINEL INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 1660279.03
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 17, 2020
HEAD
NOTE: 2701
ALTERNATE MEDICAL CARE DECISION
MICHAEL J. LUNN DEPUTY WORKERS’ COMPENSATION
COMMISSIONER
STATEMENT
OF THE CASE
On
January 3, 2020, claimant filed an original notice and
petition for alternate medical care under Iowa Code section
85.27, invoking the provisions of rule 876 I.A.C. 4.48.
Defendants filed an answer accepting that claimant sustained
an injury on or about February 9, 2019, which arose out of
and in the course of his employment. The alternate medical
care claim came on for a telephone hearing on January 16,
2020, at 8:30 a.m. The proceedings were digitally recorded.
The
record consists of claimant’s exhibits 1 through 3. The
record also contains defendants’ exhibits A through D.
Mr. Fleetwood was present throughout the hearing; however, he
did not provide any testimony. Counsel for both parties
provided argument.
ISSUE
The
issue presented for resolution is whether claimant is
entitled to alternate medical care consisting of
neuropsychological testing performed by a provider of
claimant’s choosing. Claimant also seeks an order
directing defendants to authorize a referral to physical
therapy for his neck pain.
FINDINGS
OF FACT
Having
considered all evidence and testimony in the record, the
undersigned finds:
Paul
Fleetwood, claimant, sustained injuries to the neck, head,
and body as a whole when he slipped and fell on ice while
working for the defendant employer on February 9, 2019.
Defendants authorized treatment through Kelly Dawley, ARNP
and Anil Dhuna, M.D.
This is
claimant’s second filing for Alternate Medical Care.
Claimant previously filed an alternate medical care petition
on September 26, 2019, requesting a cervical MRI, and an EMG
of claimant’s bilateral upper extremities, as
recommended by Dr. Dhuna on July 18, 2019. Additionally,
claimant requested a neuropsychological evaluation as
recommended by R. Broghammer, M.D. and Patrick Hitchon, M.D.
On
October 9, 2019, the undersigned issued a Consent Order. The
consent order provided,
Defendants agreed to authorize the requested diagnostic
testing. Defendants have also agreed to authorize a
neuropsychological evaluation with Daniel Tranel, Ph.D., to
occur at a later date as determined by the parties.
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