Court of Appeals Affirms Causation Decision, Remands Costs Issue in Light of DART v. Young

In Reinsbach v. Great Lakes Cooperative, No. 14-0467 (Iowa July 9, 2015), the Court of Appeals affirmed the decision of the commissioner that claimant's condition had deteriorated since his agreement for settlement and that claimant was entitled to healing period benefits and medical benefits as a result.  The court also remanded the costs issue to the agency in light of the recent Supreme Court decision in DART v. Young.

On the review-reopening issue, the court found substantial evidence supported the agency's decision and affirmed, noting the thorough and well reasoned decision of the district court.  The decision was affirmed pursuant to Iowa Court Rule 21.126.

On the costs issue, the district court upheld the agency's decision to assess Dr. Kuhnlein's IME costs as a hearing cost under 876 IAC 4.33(6).  The court noted that under DART v. Young, only costs associated with the preparation of the IME report could be taxed as costs.  "The underlying medical expenses associated with the examination of the worker cannot be included in the costs that are taxed to the employer under rule 876-4.33(6)."  Since section 85.39 was not involved in the case, the case was remanded to determine what portion of Dr. Kuhnlein's $5470 bill was related solely to the preparation of the written report by the doctor.