Court of Appeals Finds that Opinion of DME Doctor Finding No Causation Can Be Triggering Mechanism for Payment of IME
Kern v. Fenchel, Doster & Buck, P.L.C , No. 20-1206 (Iowa App. Sept. 1, 2021) Claimant suffered an injury while working, but when sent for an examination with a doctor engaged by the employer, that doctor found that the injury was not causally related to work. Claimant subsequently had an IME with Dr. Bansal, who found causation and permanent impairment. The commissioner found that claimant had suffered a permanent impairment as a result of an injury arising out of and in the course of employment. Claimant's request for penalty benefits was denied. A request for reimbursement of the IME was also denied, with the commissioner concluding that a finding of no causal connection was not tantamount to a finding of no impairment. Citing DART v. Young , the commissioner denied reimbursement under 85.39. Costs under rule 4.33 were also denied. On appeal, the Court of Appeals agreed that the case was governed by DART v. Young , noting that employers were "n...