ROGER HACKMAN, Claimant
v.
UNITED PARCEL SERVICE, Employer,
and
LIBERTY MUTUAL INSURANCE COMPANY, Insurance Carrier, Defendants.
Nos. 1632263.01, 19002901.01
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 21, 2020
Head
Note No.: 2701
ALTERNATE MEDICAL CARE DECISION
JENNIFER S. GERRISH-LAMPE 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, Roger Hackman. Claimant appeared
personally and through his attorney and defendants appeared
through their attorney.
The
alternate medical care claim came on for hearing on January
17, 2019. The proceedings were digitally recorded. Said
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. As such, 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, defendants
exhibits A-G, and claimant’s testimony. Defendants
called no witnesses. The evidentiary record closed at the
conclusion of the alternate medical care hearing.
Claimant
sustained an injury to his shoulder on March 2017 and again
on June 2019. For the purposes of the alternate medical care
proceeding, defendants have accepted liability for both
injury dates. Claimant argues that the injuries may encompass
the whole body. The extent of the injuries have yet to be
determined and the defendants reserve their right to deny
liability in the future.
However,
the admittance of liability allowed the alternate care
hearing to proceed.
ISSUE
Whether
claimant is entitled to a referral to another medical
provider.
FINDINGS
OF FACT
The
parties...