Des Moines Area Reg’l Transit Auth. v. Young
Annotate this CaseEmployee was injured while working for Employer. Employee filed a workers’ compensation claim and submitted a report from a physician from whom she received an examination that was not authorized by Employer. The deputy workers’ compensation commissioner concluded that Employee suffered a permanent partial disability to her back and taxed as a cost against Employer the expense of the examination and report under the administrative rule governing the assessment of costs in a hearing. The district court affirmed, holding that the reimbursement was proper. The court of appeals reversed, concluding that the reimbursement would be inconsistent with Iowa Code 85.39. The Supreme Court affirmed, holding that the commissioner may not tax the fees of a physician arising from the evaluation of an employee done outside the process set forth in section 85.39 as “costs incurred in the hearing” when the employee submits a written report of the evaluation at the hearing.
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