SONJA HANSEN-SMITH, Claimant
v.
WEST DES MOINES COMMUNITY SCHOOL DISTRICT, Employer,
and
SFM MUTUAL INSURANCE COMPANY, Insurance Carrier, Defendants.
No. 19700676.02
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 28, 2020
Head
Note No. 2701
ALTERNATE MEDICAL CARE DECISION
JENNIFER S. GERRISH-LAMPE, DEPUTY WORKERS’ COMPENSATION
COMMISSIONER
Sonja
Hansen-Smith filed a petition seeking alternate care under
Iowa Code section 85.27 for the injuries to her neck, back,
and body as a whole, arising out of an alleged work injury of
May 16, 2019. A hearing was scheduled for February 27, 2020.
The defendants, employer West Des Moines Community School
District and insurance carrier SFM Mutual Insurance Company
did not file an answer prior to the hearing, but on the
record denied liability for all injuries and conditions
alleged in the petition.
The
matter was subject to a previous alternate medical care
hearing held on January 3, 2020. For the purposes of the
alternate medical care proceeding, defendants accepted
liability. Deputy Lunn, among other things, ordered the
defendants to authorize a neurological consult.
At the
present hearing, defendants denied all liability based on
medical records obtained following the January 9, 2020,
decision of Deputy Lunn. Claimant argues that defendants
cannot change their position and that the present alternate
medical care proceeding is bound by the defendants’
position in the previous alternate medical care proceeding.
In
Winnebago Industries, Inc. v. Haverly, the Supreme
Court held that unless the agency actually decides the issue
of liability, the “law of the case doctrine” is
not applicable. 727 N.W.2d 567, 573 (Iowa 2006). In
Winnebago, the claimant argued that the deputy
commissioner’s order requiring the defendant to provide
care was binding in future proceedings on the same claim.
Id. “The answer to Haverly's
law-of-the-case argument is that the agency did not decide
anything as to Winnebago's liability for compensation
benefits, but only his right to alternate care. In fact, for
reasons...
