Iowa Workers' Compensation

Mid American Construction LLC v. Sandlin , No. 22-0471 (Iowa Feb. 9, 2024) In this action, the sole question presented to the Court was whether the cost of an "examination" conducted as a part of an independent medical examination was reimbursable to claimant or whether the amount to be paid was limited to the the component cost of the impairment rating under section 85.39 of the Code.  The commissioner had included the costs of the examination and the district court agreed.  On appeal to the Court of Appeals, the court limited the amount to the cost involved in providing the impairment rating and awarded only $500 of the $2200 amount charged by the IME physician. On further review, the Supreme Court reverses the decision of the Court of Appeals and holds that the cost of the examination was payable by the employer.  The Court begins by noting that section 85.39(1) and (2) both require an employee to submit to examinations as a part of the workers' compensation claims....

In Baccam v. ACH Food Companies, aka Tone's, No.18-1002 (Iowa App. March 6,  2019), the court addressed issues concerning the extent of claimant's leg impairment,  the extent of penalties and costs of the action.  Claimant was found to have a 2% leg impairment by defendants' doctor, 3% from his IME doctor, but argued that based on his loss of use, his award should have been higher than the 3% awarded by the commissioner.   The Court of Appeals affirmed, based on substantial evidence.  On the penalty claim, claimant argued his penalty benefits on permanency should have been greater.  a 5% penalty award was made,  based on a failure to pay permanency benefits when due.  The court concluded that there was no error in this finding.  On the costs issue, the court found that claimant was not entitled to payment for the costs of the appeal transcript. On the remainder of costs, the court found that the commissioner had not abused its discreti...

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 exp...

The Supreme Court, in DART v. Young , No. 14-0231 (Iowa June 5, 2015) , held that an independent medical evaluation under section 85.39 could not be completely paid under the "costs" section of the commissioner's administrative rules at 876 IAC 4.33(6).  The court affirmed the decision of the Court of Appeals, although discussing the issue in more detail.  The case was decided on a 4-3 vote, with Justices Hecht, Appel and Zager in dissent. The facts in DART  were relatively straightforward.  Defendants accepted claimant's back injury, but did not obtain a rating of impairment under section 85.39.  Claimant obtained an evaluation of her own, and sought to tax the expense of this evaluation as costs under 876 IAC 4.33(6).  The commissioner and the district court ordered that the evaluation to be paid in full under 4.33(6), and the district court affirmed.  The Court of Appeals reversed, finding that ordering payment for the exam as costs would defeat t...

In Vitzthum v. KLM Acquisition Corp. , No. 13-1441 (Iowa App. Oct. 1, 2014), the court of appeals addressed questions related to the correct rate, the imposition of penalties and costs.  The court affirms the rate questions, finds that there was substantial evidence to support the denial of penalties and affirms the costs findings of the commissioner. At the appeal level, the commissioner found that the higher rate urged by claimant ($305.29) was correct, but refused to impose penalties for the underpayment of rate on the employer.  The district court affirmed this amount, but remanded for further fact-finding on the issue of penalty benefits based on the underpayment of the correct weekly rate after July 1, 2009, the date the new penalty statute (section 86.13(4)) went into effect. The court concludes that the rate was correctly determined, finding that the usual calculation method in section 85.36(6) controlled.  The employer had argued that its payment of wages was...

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...

In Searle Petroleum, Inc. v. Mlady , No. 12-2008 (Iowa App. December 5, 2013), the Court of Appeals addressed issues concerning substantial evidence and the appropriate commencement date for permanent total disability benefits and interest in a review-reopening proceeding.  The agency had concluded that claimant had demonstrated that he was entitled to additional benefits on review-reopening, and awarded permanent total disability.  The agency had indicated that benefits commenced on the date of the injury. In the initial decision, the commissioner had concluded that claimant had an industrial disability of 80%.  On review reopening, the agency found that given claimant's physical condition, he had been unable to secure employment and also noted that there had been no improvement in the claimant's employability. The commissioner affirmed, finding that there had been a deterioration of claimant's condition.  The agency found that benefits commenced as of the date of...

In JBS Swift & Co. v. Rodriguez Contreras , No. 13-0172 (Iowa App. Oct. 2, 2013), a case handled by Jamie Byrne of Neifert, Byrne &Ozga, the court of appeals affirms the findings of the commissioner concluding that claimant was credible, increasing the industrial disability award from 20 to 60% and imposing costs against the employer. At the arbitration level, the deputy had indicated that the claimant was mostly credible.  The employer argued that because the deputy had found that claimant was "credible for the most part," the entire appeal decision was subverted.  The court of appeals noted that the finding that claimant was mostly credible was made because the deputy indicated that many of the questions posed were leading questions.  The court found that "read in context, any doubt expressed by the deputy involves the form of questioning rather than the resulting answers provided by Contreras," and concludes that the credibility finding was supported by...

Whirlpool Corp. v. Davis , No. 12-1962 (Iowa App. July 24, 2013) involved a finding by the commissioner that claimant was permanently and totally disabled.  The court affirmed this aspect of the case on substantial evidence grounds, and also concluded that reimbursement for a deposition was statutorily limited to $150.00. Claimant suffered a back injury, resulting in a 7% impairment rating from defendants' doctor, Dr. Mark Taylor.  An IME from Dr. John Kuhnlein indicated that he could not say, within a reasonable degree of medical certainty, that the current back problems were related to the original work injury, although the back problems were related to one of the incidents that had occurred at Whirlpool.  He provided a 5% impairment rating.  Claimant ultimately left his job and was found eligible for social security disability benefits. The deputy found that claimant was credible, and credited the findings of Dr. Taylor, Dr. Kuhnlein and Dr. Buresh.  He r...

Martinez Construction v. Ceballos , No. 12-1514 (Iowa App. June 12, 2013), involved a situation in which the evidence used to support a finding of causation was primarily lay testimony.  The court found that in the circumstances in the case, medical testimony was not required to establish causation. The accident that led to the injury occurred when claimant lost his footing on a roof, attempted to jump into a forklift basket, and hit his face and right shoulder and twisted his left knee.  Claimant was knocked unconscious as a result of the injury.  Hospital records demonstrated that claimant had four broken ribs and a perforated lung.  X-rays showed that there was a dislocation of the shoulder and fluid on the knee. Claimant was deported shortly after this and did not attend a followup appointment. At hearing, claimant appeared by telephone, to which defendants objected.  The deputy allowed claimant to testify by telephone.   Claimant testified he had c...

The case of Nkanta v. Wal-Mart Stores , No. 12-0475 (Iowa App. Nov. 29, 2012), presented an unusual situation where defendants had presented to the deputy a "confidential " sealed envelope that included an offer to confess judgment.  The agency found that offers to confess judgment under Chapter 677 were not applicable to workers' compensation proceedings.  The court of appeals affirmed this finding, as well as findings that claimant failed to prove he sustained a permanent work injury and findings that the costs were to be borne by each party. Claimant sustained an injury to his low back while working at Wal-Mart.  Claimant persisted in having difficulties with his back but Drs. Boyett, Koenig and McCaughey concluded that there was no permanent injury.  Dr. Chen at UIHC found there was myofascial pain and Dr. Jones performed an IME indicating there was a 5% permanent impairment.  The deputy rejected Dr. Jones opinion because he gave no analysis as to why ther...

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 ...

In John Deere Dubuque Works v. Caven , No. 1-286 (Iowa App. 2011), the Court of Appeals interpreted the commissioner's rule on costs, 876 IAC 4.33(6), for the first time.  In the underlying decision in Caven , the commissioner concluded that the rule, which allows the hearing deputy, in his or her discretion, to award the "reasonable costs of obtaining no more the two doctors' or practitioners' reports," was not limited to payment of $150.00 for a doctors' or practiioners' report.  Prior to the Caven decision, the commissioner's office had interpreted 4.33(6) as being limited to $150.00, similar to 876 IAC 4.33(5), despite the fact that the language of the rule contained no such limitation. The argument made before the court on appeal was that the commissioner exceeded his authority in allowing payment for the entire cost of obtaining two reports.  The Court of Appeals disagreed, finding that section 86.40 of the Code indicates that all costs before ...

Solland v. Second Injury Fund of Iowa , 786 NW2d 248 (Iowa 2010) provided the court with an opportunity to decide an issue of costs.  The court of appeals had assessed costs equally to the claimant and the Fund, despite the fact that claimant had prevailed in all respects before the court of appeals.   Solland  began as a case in which claimant pursued his case against the Fund for two bilateral injuries. At the court of appeals level, the court found in favor of claimant, citing Gregory v. Second Injury Fund of Iowa , 777 N.W.2d 395 (Iowa 2010) and Second Injury Fund of Iowa v. Kratzer , 778 N.W.2d 42 (Iowa 2010).  On the costs  issue, the court of appeals reversed the decision of the district court approving the assessment of costs by the commissioner and taxed costs of appeals to both parties equally. The Supreme Court found that Solland was the successful party on appeal, "prevailing on all substantive issues." The court found it clearly erroneous, given t...