Just v. Wells Fargo Bank, NA, 011921 IAWC, 5067290.02

Docket Nº5067290.02
Case DateJanuary 19, 2021
CourtIowa
VALERIE JUST, Claimant,
v.
WELLS FARGO BANK, NA, Employer,
and
OLD REPUBLIC INSURANCE CO., Insurance Carrier, Defendants.
No. 5067290.02
Iowa Workers Compensation
Before The Iowa Workers’ Compensation Commissioner
January 19, 2021
         HEAD NOTE NO: 2701          ALTERNATE MEDICAL CARE DECISION           HEATHER L. PALMER DEPUTY WORKERS’ COMPENSATION COMMISSIONER          Claimant Valerie Just filed an Original Notice and Petition Concerning Application for Alternate Care (“Application for Alternate Care”) on January 5, 2021, alleging the defendants, Wells Fargo Bank, NA (“Wells Fargo”) and Sedgwick had unreasonably delayed and denied treatment for her right shoulder, right upper extremity and whole body, and requested approval of treatment with Dr. Jacobson. Defendant Wells Fargo, and its insurer, the defendant, Old Republic Insurance Company (“Old Republic”), filed an answer with attached Exhibits A and B on January 18, 2021, admitting and denying liability, and averring “[d]efendants have not denied care; rather have paid for all care from the authorized treating physicians. The claimant has refused to return, not because of quality of care, but because of her personal preference.” Just filed Exhibits 1 through 3 on January 18, 2021.          On January 19, 2021, a hearing was held on the Application for Alternate Care by telephone conference call. The proceeding was recorded digitally by iPhone and the digital recording is the official record of the proceeding. Attorney Nick Platt represented Just. Just appeared and testified. Attorney Tiernan Siems represented Wells Fargo and Old Republic. At the start of the hearing the attorney for Wells Fargo and Old Republic objected to pages two and three of Exhibit 3, alleging the pages contained settlement discussions. I sustained the objection and Just’s attorney refiled the Exhibits, with one page for Exhibit 3. Exhibits 1 through 3 and A and B were admitted into the record.          Workers’ Compensation Commissioner Joseph Cortese, II, delegated the authority to me to issue final agency action in this matter. Appeal of this decision, if any, is to the district court pursuant to Iowa Code section 17A.19.          FINDINGS OF FACT          Just filed a petition in arbitration on January 25, 2019, in File Number 5067290, alleging she sustained injuries to her right shoulder, right upper extremity, left lower extremity, and body as a whole while for working for Wells Fargo on February 8, 2017. An arbitration hearing was held on February 6, 2020. Just requested alternate medical care for her right shoulder with Dr. Jacobson, in addition to other relief. Following the receipt of post-hearing briefs, the record was closed and I issued an arbitration decision on April 7, 2020. No treatment records were submitted from Dr. Jacobson at hearing. In the decision I found Wells Fargo and Old Republic had not wholly abandoned care and should retain the right to control the care...

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