Court of Appeals Affirms Denial of Alternate Medical Care

Dotts v. City of Des Moines, No. 20-0954 (Iowa App. July 21,  2021) - In this somewhat unusual alternate medical care case, claimant filed for alternate medical care under 85.27 and was denied such care by the agency.  Claimant appealed and on judicial review, the district court considered the record, which did not include a transcript of the agency hearing.  The Court of Appeals noted that they also did not have a transcript of the agency hearing to decide whether substantial evidence supported the decision of the agency.

The court notes that the reasonableness of the care provided by defendant was contingent on claimant's testimony that the doctor refused to see him and concessions allegedly made by the employer during the hearing.  Because the court did not have a transcript to review, the conclusion was reached that there was no ability to review the testimony to determine whether the decision was supported by substantial evidence.  The court notes that party seeking judicial review ahs the responsibility to ensure the agency record is before the district court on judicial review.  Without the transcript, the court was unable to review the agency decision and the denial of alternate care was affirmed.