Court of Appeals Affirms Award of Alternate Medical Care

In Newt Marine Service v. Abitz, No. 15-1957 (Iowa App. July 27, 2016), the Court of Appeals affirmed the commissioner's award of alternate medical care.  Claimant had been treated by Dr. Field, who reported that claimant's shoulder injury had abated following surgery and that he had a 75 pound lifting restriction.  Claimant denied that his shoulder pain had dissipated and indicated he continued to need physical therapy.  He also denied that he could lift 75 pounds. A week after the imposition of the 75 pound restriction, Dr. Field indicated claimant had no restrictions.

Claimant indicated his dissatisfaction with Dr. Field's care and file a petition for alternate medical care.  He requested care from a doctor specializing in shoulder injuries at the University of Iowa.  The deputy granted alternate care, finding that the care provided by Dr. Field was not effective.  On review, the Court of Appeals affirmed, citing Pirelli-Armstrong Tire Co. v. Reynolds, 562 N.W.2d 433, 436 (Iowa 1997).  That case had held that when care was inferior or less extensive than other care requested by the employee, alternate care was available. The court found it significant that Dr. Field had lifted the restriction only one week after it had been imposed, without seeing claimant.  The court found that the care offered, i.e. no care, was less extensive than the care requested and the commissioner was justified in awarding alternate medical care.  The decision of the agency was found to be supported by substantial evidence and was not irrational, illogical or wholly unjustifiable.