Court of Appeals Awards Alternate Medical Care in Denied Liability Case
West Central Cooperative v. Sullivan , No. 21-1559 (Iowa App. Aug. 31, 2022) In the original administrative action in this case, claimant, who had an injury in 2011, sought authorization for a spinal cord stimulator, which had been recommended by an authorized treating physician. A DME physician, Dr. Chen, opined that the continuing back problems of claimant were not causally related to his work activities. Claimant filed for alternate medical care and the action was dismissed under section 85.27 and 876 Iowa Administrative Code 4.48 because of defendants' denial of liability. Claimant asked for rehearing, arguing that the issue of liability had already been established in the initial administrative proceeding. This request was denied. A contested case proceeding was initiated by claimant, who argued that the continuing back problems were related to the work injury and further alleged that he was entitled to the SCS trial. The deputy found that...