ANA A. RAMIREZ, Claimant
v.
WELLS DAIRY, Employer,
and
ACE AMERICAN, Insurance Carrier, Defendants.
No. 1642200.03
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 14, 2020
HEAD
NOTE NO: 2701
ALTERNATE MEDICAL CARE DECISION
STEPHANIE J. COPLEY, 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, Ana Ramirez. Claimant appeared
telephonically and through her attorney, Dennis McElwain.
Defendants appeared through their attorney, Steven Durick.
The
alternate medical care claim came on for hearing on January
13, 2020. The proceedings were digitally recorded. That
recording constitutes the official record of this proceeding.
Pursuant to the Commissioner’s February 16, 2015 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 13 and
Defendants’ Exhibits A through E. Claimant provided
testimony. No other witnessed were called. Counsel offered
oral arguments to support their positions.
ISSUE
The
issue presented for resolution is whether the claimant is
entitled to alternate medical care consisting of surgery
performed by and transfer of care to John McClellan, M.D.
FINDINGS
OF FACT
The
undersigned, having considered all of the testimony and
evidence in the record, finds:
Claimant
sustained a work-related injury to her low back on December
6, 2017. Defendants admitted liability for this injury and
the current condition for which claimant seeks alternate
medical care.
Matt
Johnson, M.D., was authorized by defendants to perform a
microdiscectomy on claimant on February 22, 2018.
(Claimant’s Testimony) Claimant then returned to Dr.
Johnson for a second surgery—a fusion—on April
16, 2018. (Cl. Testimony) Claimant testified the fusion
provided a little relief in her leg symptoms, but she
continued to experience pain in her hips and low back. (Cl.
Testimony)
These
symptoms persisted into the fall of 2018. Eventually Dr.
Johnson’s physician’s assistant referred claimant
to Grant Shumaker, M.D., for a second opinion. (Cl.
Testimony) After initially recommending injections and a
referral to a pain clinic, Dr. Shumaker ultimately referred
claimant to Douglas Martin, M.D., for an impairment
evaluation. (Cl. Testimony; Cl. Exhibit 1, page 1)
Claimant,
on her own accord, then sought an evaluation with John
McClellan, M.D., on April 15, 2019. (Cl. Ex. 2, p. 2) Dr.
McClellan...
