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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
Attorney for the Appellant
Mark S. Soldat
Attorney for the Appellee
Thomas D. Wolle
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.
