P.M. Lattner Manufacturing Co. and Accident Fund General Insurance Co.,
v.
Michael Rife
Michael Rife appealed from the district court’s order on judicial review reversing the workers’ compensation commissioner’s order of reimbursement regarding the cost of an independent medical examination and requiring an apportionment of benefits regarding a “scheduled-member shoulder disability” not previously compensated. The court of appeals affirmed in part, reversed in part, and remanded. Mr. Rife now seeks further review.
Resister
P.M. Lattner Manufacturing Co. and Accident Fund General Insurance Co.,
Applicant
Michael Rife
Attorney for the Resister
Laura J. Ostrander
Attorney for the Applicant
Anthony J. Olson
Supreme Court
Oral Argument Schedule
Non-Oral
Dec 13, 2023 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
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Court of Appeals
Court of Appeals Opinion
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Summary
Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Heard by Schumacher, P.J., and Chicchelly and Buller, JJ. Opinion by Schumacher, P.J. (11 pages)
Michael Rife appeals the district court order following judicial review of his workers’ compensation claim. He contends the district court improperly found he was not entitled to reimbursement for an independent medical examination (IME). He also alleges the court wrongly remanded to the commissioner to determine what credit Lattner Manufacturing and its workers’ compensation insurance carrier, Accident Fund General Insurance Co., (collectively Lattner), is entitled to for benefits paid for a prior injury Rife sustained. OPINION HOLDS: We find the district court erred by finding Rife was not entitled to any reimbursement for the IME as whether Iowa Code section 85.39 was triggered was not preserved. We remand for determination of the reasonable cost of the IME. We determine the district court properly remanded for the commissioner to determine what credit Lattner deserved for compensating Rife’s prior injury. Accordingly, we affirm in part, reverse in part, and remand to the workers’ compensation commissioner.