Court of Appeals Addresses Penalty Issues, Sanctions
In Dunlap v. Action Warehouse, No. 11-1451 (Iowa App. Oct. 17, 2012), the court addressed issues of causal connection, permanency, temporary benefits, penalty and sanctions. The issues concerning causal connection, extent of permanency and temporary benefits were fairly straightforward analyses based on substantial evidence principles. The penalty and sanction issues are potentially more important. Dunlap was injured at work, and after a numerous struggles to obtain care, including an alternate medical care proceeding, he was set up with Dr. Prevo. Dr. Prevo found that there was no permanency and further indicated the back problems were not related to his work. Dr. Prevo was subpoenaed to a deposition and also provided with a subpoena duces tecum. At the deposition, he refused to provide certain documents that had been subpoenaed. Prevo refused to answer questions concerning disciplinary proceedings before the Iowa Board of Medicine. At hea...