Mid American Construction LLC and Grinnell Mutual,
v.
Marshall Sandlin
Marshall Sandlin, who was injured while at work at Mid American Construction LLC, which is insured by Grinnell Mutual, seeks further review of the court of appeals decision affirming the commissioner’s determination that Sandlin was entitled to reimbursement for an Independent Medical Exam (IME), but reversing the reimbursement award and remanding for the entry of a reimbursement award based on the impairment rating fee pursuant to the 2017 amendments to Iowa Code section 85.39(2).
Resister
Mid American Construction LLC and Grinnell Mutual,
Applicant
Marshall Sandlin
Attorneys for the Resister
Stephen W. Spencer
Christopher S. Spencer
Attorney for the Applicant
Zeke R. McCartney
Supreme Court
Oral Argument Schedule
Non-Oral
Dec 14, 2023 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Schumacher, J. (9 pages)
An employer and the workers’ compensation insurance carrier appeal the commissioner’s decision that awarded the claimant reimbursement for the cost of an independent medical examination (IME). OPINION HOLDS: We find the commissioner properly found the claimant was entitled to reimbursement for an IME. But the award of $2020 for the IME was not reasonable under Iowa Code section 85.39(2) (2018). We reverse the reimbursement award of $2020.00 and remand for the entry of a reimbursement award based on the cost of the impairment rating fee, which on this record we determine to be $500.00.