Court of Appeals Holds That Discovery Dispute Must Be Challenged Through Petition for Judicial Review
Tuttle v. Iowa Workers' Compensation Commissioner , No. 21-1246 (Iowa App. Dec 21, 2022) During the course of claimant's workers' compensation case, she sought discovery of surveillance conducted by the employer. the employer stated that there was "none." In a later DME, the employer indicated to the doctor that visual images existed demonstrated claimant as she walked into work and left work. Claimant sought this material from the doctor via subpoena, which the doctor provided. The employer sought a protective order regarding the subpoena and sought sanctions against claimant. The deputy found that the agency lacked jurisdiction to quash the subpoena and indicated the employer would need to proceed with an action in district court. The deputy also found, however, that the protective order could be challenged and issued a protective order in the form of Dr. Abernathey's fees, in the amount of $3900. Claimant filed an interlocutory appeal to the...