Iowa Workers' Compensation

  Reinsbach v. Great Lakes Cooperative , No. 20-1097 (Iowa App. Sept. 22, 2021) In this action to enforce the decision of the commissioner under section 86.42, claimant argued that the district court went beyond construing the ruling of the commissioner and improperly modified the ruling. The case had previously reach the Court of Appeals with a decision issued on July 9, 2015.  That case found that claimant's condition was related to the work injury, but reversed with respect to the costs of Dr. Kuhnlein's costs.  The agency subsequently order defendants to provide all future care and treatment recommended by Dr. Strothman.  Claimant sought to enforce that order under 86.42.  Defendants argued that the district court should construe the commissioner's order to provide claimant with all causally related, reasonable and necessary care for the work condition.  The district court ordered care with Dr. Strothman and added that defendants should authorize and pa...

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...