Iowa Workers' Compensation

This case began when the Core Group of the Iowa Association for Justice requested the commissioner to enter a declaratory order holding that employers must, under section 85.27(2) of the Iowa Code, provide surveillance materials as a part of normal discovery, and must provide these materials prior to claimant's deposition.  The commissioner found in favor of the Core Group and the Iowa Insurance Institute and others appealed to the district court.  The district court and Court of Appeals affirmed.  In Iowa Insurance Institute et al. v. Core Group etc. and Godfrey , No. 13-1627 (Iowa June 12, 2015), the Supreme Court, in a 5-1 decision , reversed the decision of the commissioner.  The court concludes that the disclosure provisions of section 85.27(2) are "limited to health-care related privileges such as the physician-patient privilege." The court first addressed the procedural mechanism for the grant of a declaratory order under section 17A.9 of the Iowa Code and 8...

In February of 2009, Snap-On Tools filed a petition for declaratory order with the Iowa Workers' Compensation Commissioner.  Initially, the commissioner did not answer the petition, and a petition for judicial review was filed in district court.  The parties agreed that the commissioner would issue a ruling, and on June 14, 2010, the commissioner did so. All of the questions posed in the declaratory ruling related to section 85.39 of the Code.  Those questions were as follows: Must the employer use specific language in an 85.39 request? Can the employee veto or control the identity of the 85.39 physician? What amount of time before the examination is fair notice? Must mileage and meal expenses be paid in advance? What is a reasonable expense for meals? Under what circumstances must lodging be paid for in association with an 85.39 exam? Must the employee actually incur a lodging expense to be entitled to payment? Does 85.39 authorize an employer to request a me...