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...
