Court of Appeals Concludes that Subsequent Applications for Alternate Medical Care Could be Filed After Dismissal Without Prejudice of Earlier Application
Hormel Foods Corp. v. Yunior Tamayo-Perez , No. 23-0212 (Iowa App. Dec. 20, 2023) In this procedurally confusing case, claimant initially filed for alternate medical care, with the claim later being dismissed when defendants agreed to provide care. Claimant later filed a second application, alleging that defendants were interfering with care. Following hearing, care in the form of the treatment recommended by the authorized physicians was ordered. A third application was filed, seeking psychological evaluation with claimant's recommended evaluator. The application was granted. The second and third applications involved a spinal cord stimulator, which claimant ultimately decided not to pursue. A fourth application was filed, asking for pain treatment and consideration of osteopathic manipulative therapy. Defendants denied liability, based on a "stale" opinion by an orthopaedic spine physician. The application was dismissed because of...