Court of Appeals Decides Alternate Medical Care Claim
Millenkamp v. Millenkamp , No. 11-2068 (Iowa App. April 10, 2013) is a case that has been bouncing back and forth between the agency and the appellate courts since claimant's initial injury in 2001, when claimant suffered a traumatic brain injury while working in his cattle business. The current dispute concerns a situation where claimant had been treating with a physician who retired from the practice. That physician recommended that claimant see another physician, Dr. Neiman, who provided treatment to claimant. Prior to seeing Dr. Neiman, it does not appear as if the employer knew that the authorized treating physician had retired. According to the court, when the employer learned that the authorized treater had retired, it sought to provide care for claimant, first with Dr. Young, who refused to see claimant, and then with Dr. Cullen, who claimant refused to see because he had been hired by the defendants. Claimant argued that because his treating physician ...