Court of Appeals Affirms Denial of Alternate Medical Care
In Penny v. Whirlpool , No. 16-0495 (Iowa App. Feb. 8, 2017), the agency had denied claimant's request for alternate medical care with a neurosurgeon, finding that the care provided to claimant by the employer had not been unreasonable. The Court of Appeals affirms the decision of the agency. Claimant had been seen by Dr. Matos and Dr. Abernathey. Dr. Abernathey did not believe surgery was indicated, but claimant's pain persisted. The employer set up additional testing to determine claimant's radicular symptoms, but claimant did not attend the appointments under the believe that Whirlpool did not consider his back injury to be work related. Claimant then sought care with a neurosurgeon. The deputy concluded that since the employer had authorized care with two doctors, as well as authorized an MRI, physical therapy, acupuncture, an EMG and treatment at a pain clinic, the care authorized was not unreasonable. The district court affirmed. On appeal to the ...