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Case No. 20-1206

Karla Kern
v.
Fenchel, Doster & Buck, PLC and Pharmacists Mutual Insurance Company

Appellant

Karla Kern

Appellee

Fenchel, Doster & Buck, PLC and Pharmacists Mutual Insurance Company

Attorneys for Appellant

Mark S. Soldat

Attorneys for Appellee

Thomas D. Wolle

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1206
Date Published:
Sep 01, 2021
Summary

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Mullins, P.J., May, J., and Doyle, S.J.  Opinion by Mullins, P.J.  (15 pages)

            Karla Kern appeals the district court order affirming the Workers’ Compensation Commissioner’s award of workers’ compensation benefits.  She argues the Commissioner erred in failing to order reimbursement of an independent medical evaluation (IME), improperly converting impairment ratings to disability percentages, and failing to award penalties.  OPINION HOLDS: On our review of the record and applicable legal standards, we affirm the deputy’s decisions on the impairment rating calculation and penalties.  But, because we find Dr. Paulson’s determination that Kern’s injuries were not caused by her employment was tantamount to a zero percent impairment rating, we reverse in part and remand to the district court for an order reversing in part and remanding to the commissioner for a reconsideration of Kern’s application for IME fees.

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