ANTHONY MCDANIEL, Claimant
v.
RILEY DRIVE ENTERTAINMENT V., INC., Employer
and
GENERAL CASUALTY COMPANY OF WISCONSIN, Insurance Carrier, Defendants.
No. 19700680.01
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 3, 2020
HEAD
NOTE: 2701
ALTERNATE MEDICAL CARE DECISION
JAMES
F. ELLIOTT 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, Anthony McDaniel. Claimant appeared
personally and through attorney, Dustin Muller. Defendants
failed to appear. A proof of service was filed showing the
defendants were properly served. There was no appearance
filed by the defendants in WCES.
The
alternate medical care claim came on for hearing on January
3, 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 Exhibit 1, as well as the
claimant’s sworn testimony. I find the claimant to be
credible. There is no evidence in the file that liability for
the claim is disputed.
ISSUE
The
issue presented for resolution is whether the claimant is
entitled to care recommended by the authorized treating
physician.
FINDINGS
OF FACT
The
claimant sustained an injury to his back and head on October
14, 2019 when he slipped on some water at work at the 5Oth
Street Tap. Claimant hit is head on the tile floor when he
fell.
Claimant
was directed by the defendants to MercyOne West Des Moines
Occupational Health. Claimant was seen by Robert Kruse, M.D.
Dr. Kruse recommended an MRI of the...
