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Case No. 22-0471

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).

County:
Polk
Trial Court Case No.:
CVCV061324

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:
22-0471
Date Published:
Feb 09, 2024

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-0471
Date Published:
Feb 22, 2023
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.

Other Information

Date Further Review is Granted:
Jun 06, 2023
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