BRENDA PERRY, Claimant
v.
REM IOWA, INC., Employer,
and
SEDGWICK CLAIMS MANAGEMENT SERVICES, Insurance Carrier, Defendants.
No. 1557155.01
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 7, 2021
Head
Note No. 2701
ALTERNATE MEDICAL CARE DECISION
ANDREW
M. PHILLIPS DEPUTY WORKERS’ COMPENSATION COMMISSIONER
STATEMENT
OF THE CASE
On
September 1, 2020, claimant filed a petition for alternate
medical care pursuant to Iowa Code 85.27(4) and 876 Iowa
Administrative Code 4.48. The defendants failed to file an
answer, nor did the defendants file an appearance.
The
undersigned presided over the hearing held via telephone and
recorded digitally on September 11, 2020. That recording
constitutes the official record of the proceeding under 876
Iowa Administrative Code 4.48(12). Claimant participated
personally, and through his attorney, Thomas Wertz. The
defendants did not participate. Counsel for the claimant
filed information indicating that the employer-defendant was
properly served with the petition. Additionally, the
defendants were notified of the hearing via a notice of
hearing issued on September 3, 2020. The record consists of
testimony at hearing by the claimant, Brenda Perry, and nine
pages of exhibits.
On
February 16, 2015, the Iowa Workers’ Compensation
Commissioner issued an order delegating authority to Deputy
Workers’ Compensation Commissioners, such as the
undersigned, to issue final agency decisions on applications
for alternate care. Consequently, this decision constitutes
final agency action, and there is no appeal to the
commissioner. Judicial review in a District Court pursuant to
Iowa Code 17A is the avenue for an appeal.
ISSUE
The
issue under consideration is whether claimant is entitled to
alternate care under Iowa Code 85.27(4) in the form of a
referral to an orthopedic surgeon and completion of a total
left knee arthroplasty.
FINDINGS
OF FACT
Claimant,
Brenda Perry, sustained an injury to her left knee as the
result of a work incident on August 30, 2012. The work
incident arose out of, and in the course of her employment
with REM Iowa, Inc. Neither defendant employer, nor their
insurer appeared at hearing, and therefore no information was
received regarding their stance on liability.
Ms.
Perry is a 61 year old female. She is currently employed by
Milestones in Cedar Rapids, Iowa. At the time of her work
injury on August 30, 2012, she was employed...
