Court of Appeals Affirms Award of Medical Care

The court in Emco v. Samardzic, No. 11-1375 (Iowa App. May 23, 2012) was presented with an issue of medical care for an injury to the arm that had occurred years in the past, but had been aggravated by work activities with the employer arose out of and in the course of employment.  Defendants argued that the injury to the wrist was a result of progressive arthritis and was related to the initial injury (2001) and not to the more recent injury (2007).  At the deputy level, defendants prevailed, but this decision was reversed on appeal, with the commissioner finding that claimant's work activities were a substantial factor in the need for the recommended surgery.  The commissioner also awarded the costs for medical reports to claimant.

Dr. Formanek opined that work was a substantial contributing factor in the injury, while Dr. Gainer concluded that the progressive arthritis was the need for the surgery.  On substantial evidence grounds, the court agreed with the commissioner and awarded medical care to claimant.  

On the costs issue, the court, without citing to John Deere Dubuque Works v. Caven, 804 N.W.2d 297 (Iowa App. 2011), concluded that under 876 IAC 4.33(6), costs of doctors' reports were permissible over and above $150.00 so long as the costs of those reports were reasonable.  The court found nothing to suggest that the costs of the reports were unreasonable, and upheld the award of costs against defendants.  The Samardzic decision represents another validation of the fact that costs can be awarded in excess of the $150.00 limit contained in 876 IAC 4.33(5).


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