Posts

Showing posts from June, 2010

IWCC Issues Declaratory Ruling on Section 85.39

In February of 2009, Snap-On Tools filed a petition for declaratory order with the Iowa Workers' Compensation Commissioner.  Initially, the commissioner did not answer the petition, and a petition for judicial review was filed in district court.  The parties agreed that the commissioner would issue a ruling, and on June 14, 2010, the commissioner did so. All of the questions posed in the declaratory ruling related to section 85.39 of the Code.  Those questions were as follows: Must the employer use specific language in an 85.39 request? Can the employee veto or control the identity of the 85.39 physician? What amount of time before the examination is fair notice? Must mileage and meal expenses be paid in advance? What is a reasonable expense for meals? Under what circumstances must lodging be paid for in association with an 85.39 exam? Must the employee actually incur a lodging expense to be entitled to payment? Does 85.39 authorize an employer to request a medical exam