Young v. East Penn Manufacturing Co., 012721 IAWC, 5060180.01

• Case Date: January 27, 2021
• Court: Iowa

CONNIE YOUNG, Claimant, v. EAST PENN MANUFACTURING CO., Employer, and, SENTINEL INSURANCE CO., Insurance Carrier, Defendants. No. 5060180.01 Iowa Workers Compensation Before the Iowa Workers’ Compensation Commissioner January 27, 2021          Head Note No.: 2701          ALTERNATE MEDICAL CARE DECISION           BENJAMIN G. HUMPHREY DEPUTY WORKER'S COMPENSATION COMMISSIONER          STATEMENT OF THE CASE          Connie Young filed a petition in arbitration seeking workers' compensation benefits from employer East Penn Manufacturing and insurer Sentinel Insurance Company. The case went to hearing and the undersigned issued a decision concluding, in pertinent part to the current alternate care proceeding, that Young had sustained injuries to both knees arising out of and in the course of her employment with East Penn and that the defendants must provide reasonable care for her knee injuries. See Young v. East Penn Mfg.. File No. 5060180 (Arb. Feb. 28, 2020). The Commissioner affirmed the determinations on appeal. See Young v. East Penn Mfg.. File No. 5060180 (App. Nov. 16, 2020), On January 13, 2021, Connie Young filed an application for alternate care under Iowa Code section 85.27 and 876 Iowa Administrative Code section 4.48 seeking authorization for care with Richard Goding, M.D., for her knees. Specifically, Young seeks a decision directing the defendants to authorize right-knee surgery as recommended by Dr. Goding. The defendants filed their answer on January 21, 2021.          The undersigned presided over an alternate care hearing that was held by telephone and recorded on January 26, 2021. That recording constitutes the official record of the proceeding under rule 876 I.A.C. 4.48(12). Young participated through attorney Joseph Powell. The defendants participated through attorney Tiernan Siems. The record consists of:

Claimant's Exhibits 1 through 4; and

Defendants' Exhibits A through C.

         ISSUE          The issue under consideration is whether Young is entitled to alternate care in the form of treatment with Dr. Goding,          FINDINGS OF FACT          Young...