BRENT LOZANO, Claimant
v.
POLK COUNTY, IOWA, Employer,
Self-Insured, Defendant.
No. 5061968.01
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
March 17, 2020
Head
Note No. 2701
ALTERNATE MEDICAL CARE DECISION
JOSEPH
L. WALSH, 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, Brent Lozano. Claimant appeared through
attorney, Matt Sahag. Defendant appeared through attorney,
Meghan Gavin.
The
alternate medical care claim came on for hearing on March 17,
2020. The proceedings were digitally recorded. That recording
constitutes the official record of this proceeding. Pursuant
to the Commissioner’s 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.
The
record consists of claimant’s exhibits 1 through 2 and
defense exhibit A, which were received without objection. I
have also taken administrative notice of the August 8, 2019,
arbitration decision in this matter. The defendant does not
dispute liability for claimant’s March 16, 2016,
injury.
ISSUE
The
issue presented for resolution is whether the care offered by
the County is reasonable.
FINDINGS
OF FACT
The
claimant sustained an injury which arose out of and in the
course of his employment on March 16, 2016. He was a
correctional officer. On that date, he twisted his ankle in
an altercation with an uncooperative inmate. He had a
difficult period of recuperation which included extensive
physical therapy. Mr. Lozano eventually developed mental
health symptoms associated with his physical condition. The
County denied that his mental health symptoms were causally
connected to the work injury and the matter proceeded to
hearing on May 13, 2019. (Arbitration, August 8, 2019, page
1) Prior to that date, Mr. Lozano received unauthorized
medical care for depression from David Harrison, M.D. (Arb.,
p. 4) Both parties introduced medical causation evidence
related to whether claimant’s depression was
substantially aggravated by the work injury. (Arb., pp. 5-6,
9)...
