Court of Appeals Denies Application of Judicial Estoppel in Alternate Medical Care Proceeding
The Court of Appeals in NID, Inc. v. Monahan, No. 14-0292 (Iowa App. March 25, 2015) grappled with questions of res judicata and judicial estoppel in the context of an alternate medical care proceeding. The court concluded that res judicata and judicial estoppel did not apply and refused to enter sanctions against the defendants for their failure to provide care. The court begins by noting that the proceeding was "unnecessarily Dickensian in duration and procedural complexity." Claimant had suffered an injury to his shoulder in 2007 and received treatment for that injury. He filed a petition almost two years after the injury and at hearing the parties stipulated that claimant had suffered an injury that arose out of his employment. The parties disputed whether claimant's medical expenses were connected to the injury. After the arbitration hearing but before decision, claimant treated, on his own, with Dr. Neff, who recommended surgery for the left shoulde...