Staum v. Pech Optical, 020721 IAWC, 19001569.02

Docket Nº19001569.02
Case DateFebruary 07, 2021
CourtIowa
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...

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