Skip to main content
Iowa Judicial Branch
Main Content

Case No. 18-0336

Richard Huff
v.
CRST Expedited, Inc. a/k/a CRST International and AIG Insurance Company

Appellee

Richard Huff

Appellant

CRST Expedited, Inc. a/k/a CRST International and AIG Insurance Company

Attorney for the Appellee

R. Saffin Parrish-Sams

Attorneys for the Appellant

Chris Scheldrup
Jason P. Wiltfang

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-0336
Date Published:
Mar 06, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Vogel, C.J., Vaitheswaran, J., and Danilson, S.J.  Gamble, S.J., takes no part.  Opinion by Vogel, C.J.  (10 pages)

            CRST Expedited, Inc. and AIG Insurance Co. (collectively, CRST) appeal the ruling by the district court reversing and remanding Richard Huff’s alternate-care decision of the Iowa Workers’ Compensation Commission.  CRST asserts the court erred in finding medical evidence is not required for an award of alternate care under Iowa Code section 85.27 (2017).  It further asserts Huff is not entitled to the specific appliances and services he seeks.  OPINION HOLDS: We agree with the district court that the lack of medical evidence is not a bright-line bar to an award of alternate-medical-care benefits.  However, the court’s determination that the specific appliances and services Huff requests are available to him relies on factual findings that must be made by the agency.  Because the agency used the wrong legal standard, the case must be remanded for the agency to make factual determinations, notwithstanding the lack of medical evidence to support his requests.

© 2024 Iowa Judicial Branch. All Rights Reserved.