JUANA HERRERA de GONZALEZ, Claimant
v.
SEABOARD TRIUMPH FOODS, LLC, Employer,
and
ACE AMERICAN INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 19002660.01
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, Juana Herrera de Gonzalez. Claimant
appeared personally and through her attorney, Dennis
McElwain. Defendants failed to appear for hearing and were
found to be in default.
The
alternate medical care claim came on for a telephonic hearing
on September 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 exhibits 1-8, which include a total of 11 pages.
Those exhibits were received. Claimant testified on her own
behalf, using an interpreter to provide her testimony. No.
other witnesses were called to testify and the evidentiary
record closed at the conclusion of the alternate medical care
hearing.
ISSUE
The
issue presented for resolution is whether the claimant is
entitled to authorization of care through and at the
direction of John W. McClellan, M.D., including but not
limited to impending bilateral EMG tests on claimant’s
arms and legs on September 11, 2020.
FINDINGS
OF FACT
The
undersigned having considered all the evidence in the record
finds:
Claimant,
Juana Herrera de Gonzalez, is a 62-year-old woman, who has
worked at Seaboard Triumph Foods, L.L.C., since January 2018.
On July 16, 2019, Ms. Herrera de Gonzalez was struck by an
automobile on the premises of the employer and sustained
injuries. The employer initially authorized and directed
medical care through Douglas Martin, M.D. (Claimant’s
testimony) Dr. Martin apparently declared maximum medical
improvement and questioned whether claimant’s carpal
tunnel and knee are personal or related to work. The employer
sent correspondence to claimant denying liability for the
carpal tunnel syndrome and her knee claim. (Claimant’s
Exhibit 1)
After
Dr. Martin declared maximum medical improvement, claimant
testified she continued to have symptoms and returned to work
full duty. Defendants offered no further medical care.
Therefore, Ms. Herrera de Gonzalez sought medical care
through a surgeon, John W. McClellan...
