STEVE WEIRICK, Claimant
v.
JOHNSON CONTROLS, INC., Employer,
and,
LIBERTY INSURANCE CORP., Insurance Carrier, Defendants.
No. 19700681.01
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
January 6, 2020
HEAD
NOTE: 2701
ALTERNATE MEDICAL CARE DECISION
JAMES
F. CHRISTENSON DEPUTY WORKERS’ COMPENSATION
COMMISSIONER
This is
a contested case proceeding under Iowa Code chapters 85 and
17A. The expedited procedures of rule 876 I.A.C. 4.48, the
“alternate medical care” rule, are invoked by
claimant, Steve Weirick.
This
alternate medical care claim came on for hearing on January
6, 2020. The proceedings were recorded digitally and
constitute the official record of the hearing. By an order
filed by the workers’ compensation commissioner, this
decision is designated final agency action. Any appeal would
be a petition for judicial review under Iowa Code section
17A.19.
The
record in this case consists of Claimant’s Exhibits
1-3, Defendants’ Exhibits A-B and the testimony of
claimant.
ISSUE
The
issue presented for resolution in this case is whether
claimant is entitled to alternate medical care consisting of
authorization of back surgery recommended by Brett Rosenthal,
M.D.
FINDINGS
OF FACT
Claimant
sustained a low back injury on August 14, 2019 at work while
lifting a motor. (Exhibit 1) Records indicate the motor at
issue weighed approximately 100 pounds. (Ex. B)
On
November 7, 2019, claimant was evaluated by Dr. Rosenthal.
Claimant had an injection on October 11, 2019. The injection
provided temporary relief, but claimant’s symptoms had
returned. Claimant was assessed as having a right L5-S1
foraminal stenosis with right lower extremity pain. An L5-S1
fusion and an L5-S1 revision decompression were discussed as
surgical options. Claimant indicated he wanted to proceed
with the revision decompression. Dr. Rosenthal recommended
claimant undergo surgery for an L5-S1 decompression. (Ex. 2
and Ex. A)
In a
December 4, 2019...
