KELLY JO STAUM, Claimant
v.
PECH OPTICAL, Employer,
and
TRAVELERS INDEMNITY COMPANY OF CT., Insurance Carrier, Defendants.
No. 19001569.02
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 7, 2021
HEAD
NOTE No. 2701
ALTERNATE MEDICAL CARE DECISION
WILLIAM H. GRELL, 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, Kelly Jo Staum. Claimant appeared
personally and through her attorney, Ronald Pohlman.
Defendants appeared through their attorney, Julie Burger.
The
alternate medical care claim came on for hearing on February
21, 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 A and B, which
include three pages. Defendants offered Exhibits A through C,
which consist of ten pages. Claimant testified on her own
behalf. No. other witnesses were called to testify.
ISSUE
The
issue presented for resolution is whether the claimant is
entitled to an order authorizing future treatment recommended
by the currently authorized physicians, Richard L. Lawton,
M.D., and/or Frederick C. Fisher, M.D.
FINDINGS
OF FACT
The
undersigned having considered all the evidence in the record
finds:
Kelly
Staum sustained an injury to her right arm as a result of a
work accident occurring on November 28, 2018. (Original
Notice and Petition) Defendants admit the alleged injury and
the current causal connection of the care sought by claimant.
(Answer) At the commencement of hearing, defendants conceded
that they have authorized both Dr. Lawton and Dr. Fisher as
treating physicians in this case.
Dr.
Lawton is an orthopaedic surgeon, who provided claimant care,
including surgical intervention for claimant’s right
arm. Following surgery, Dr. Lawton diagnosed claimant with
adhesive capsulitis of the right elbow and complex regional
pain syndrome type 1 of the right arm. (Defendants’
Exhibit A, page 2) Dr. Lawton referred claimant for
evaluation by a pain specialist, Dr. Fisher. Dr. Fisher
recommended a course of treatment that includes stellate
ganglion injections and physical therapy. (Defendants’
Ex. A, p. 1)
Claimant
testified that, pursuant to Dr. Fisher’s
recommendation, she submitted to a five-week...
