Perry v. Rem Iowa, Inc., 020721 IAWC, 1557155.01

Docket Nº1557155.01
Case DateFebruary 07, 2021
CourtIowa
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...

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