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Case No. 22-1421

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.

County:
Polk
Trial Court Case No.:
CVCV063141

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:
22-1421
Date Published:
Feb 09, 2024

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1421
Date Published:
Jun 07, 2023
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.   

Other Information

Date Further Review is Granted:
Aug 18, 2023

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