De Gonzalez v. Seaboard Triumph Foods, LLC, 020721 IAWC, 19002660.01

Docket Nº19002660.01
Case DateFebruary 07, 2021
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...

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