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Michelle Tuttle
v.
Iowa Workers' Compensation Commissioner
Appellant
Michelle Tuttle
Appellee
Iowa Workers' Compensation Commissioner
Attorney for the Appellant
Dennis Currell
Attorney for the Appellee
David M. Ranscht, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Samantha J. Gronewald, Judge. REVERSED AND REMANDED. Heard by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Schumacher, J. (11 pages)
Michelle Tuttle appeals the district court’s dismissal of her petition for writ of certiorari challenging the workers’ compensation commissioner’s ruling on an interlocutory appeal concerning a discovery dispute in proceedings before the commissioner. OPINION HOLDS: We find the exclusive means of challenging a decision of the workers’ compensation commissioner regarding a discovery dispute is through a petition for judicial review under Iowa Code chapter 17A (2020). We reverse the district court’s decision because Tuttle’s petition for writ of certiorari could be considered by the district court as a petition for judicial review. On remand, the court should determine the appropriateness of interlocutory review considering whether adequate administrative remedies have been exhausted and whether review of the final agency action would not provide an adequate remedy.
