Court of Appeals Reverses Agency on Issue of Costs and IME
Des Moines Area Regional Transit Authority v. Young , No. 14-0231 (Iowa App. Oct. 1, 2014) is a case involving the payment of an IME in a situation where the IME was obtained prior to defendants obtaining a rating of impairment. The agency concluded that although the costs of the IME could not be paid for under section 85.39 of the Code, costs were properly taxed against defendants, in the discretion of the agency, under 876 IAC 4.33(6). On appeal, the Court of Appeals reversed, concluding that an IME could not be paid for as costs. Claimant and the agency relied on the court of appeals decision in John Deere Dubuque Works v. Caven , 804 N.W.2d 297, 301 (Iowa App. 2011). The Young court noted that the award in Caven was based on section 86.40 and not on section 85.39, which is a true statement, so far as it goes. The court concluded that in a situation where no rating had been obtained by defendants, "to allow a claimant the costs of an IME conducted prio...