YOUNG v. DES MOINES AREA REGIONAL TRANSIT AUTHORITY
Page 1
before the iowa WORKERS’ COMPENSATION commissioner
______
:
ARBREINA YOUNG, :
:
Claimant, :
:
vs. :
: File No. 5035451
DES MOINES AREA REGIONAL :
TRANSIT AUTHORITY, :
: A P P E A L
Employer, :
: D E C I S I O N
and :
:
UNITED HEARTLAND, :
: Head Note Nos.: 1803; 2500
Insurance Carrier, :
Defendants. :
______
Defendants, Des Moines Regional Area Transit Authority and United Heartland, appeal from an arbitration decision filed February 23, 2012 and a rehearing decision filed on March 15, 2012, in which the presiding deputy commissioner found that as a result of a work injury claimant sustained a 25 percent loss of her earning capacity, ordered defendants to pay the costs of four treatment dates claimant incurred at Broadlawns Medical Center, and ordered defendants to pay costs of this matter pursuant to rule 876 IAC 4.33. Defendants assert on appeal that the presiding deputy commissioner erred in finding that defendants are responsible for claimant’s treatment at Broadlawns Medical Center and also erred in ordering reimbursement of the costs of Dr. Stoken’s evaluation and report. Claimant, Arbreina Young, asserts that the findings of the deputy should be affirmed on appeal. The arguments of the parties have been considered and the record of evidence has been reviewed de novo.
Pursuant to Iowa Code sections 86.24 and 17A.15, I affirm and adopt as the final agency decision those portions of the proposed arbitration decision filed on February 23, 2012 and rehearing decision filed March 15, 2012, that relate to issues properly raised on intra-agency appeal with the following additional analysis.
Defendants have asserted that the presiding deputy commissioner erred in the award of medical care obtained at Broadlawns Medical Center. It is well settled that an award of unauthorized expenses is appropriate when that care is of benefit, as was found by the deputy in this case. See Haack v. Von Hoffman Graphics, File No. 1268172, page 9 (App. July 31, 2002). Therefore the presiding deputy’s award of medical care costs for the four dates was not in error and is affirmed.
As it relates to the award of costs, again, there was no error on the part of the presiding deputy commissioner. Defendants validly point out a prior decision of this division which is contrary to other division precedent. The appeal decision of House v. C & C Distribution Services, Inc., File No. 5015795 (App.August 11, 2011)(a delegated final agency appeal decision) is no longer a valid agency precedent. The proper precedent reimburses claimants for the costs of “obtaining” reports pursuant to the plain language of our rule 876 IAC 4.33(6). This includes the time expended to examine claimant, if done, and the time expended for research and records review which are at the foundation of the medical opinion. Metcalf v. FS Structures of Iowa, File No. 1276055 (App. December 23, 2003). The presiding deputy commissioner also fully explained in her rehearing decision that the division’s precedent of awarding the entire cost of a report pursuant to rule 876 IAC 4.33(6), even if over $150.00, has been sustained by the reviewing courts on judicial review. Any challenge to that appellate court precedent will be required to be made upon judicial review. Further, there was an opportunity for defendants to challenge the reasonableness of Dr. Stoken’s fee under our rule, but defendants did not raise that issue before the hearing deputy or on appeal.
ORDER
IT IS THEREFORE ORDERED that the arbitration decision is AFFIRMED.
Defendants shall pay the costs of this matter and of the appeal, including the preparation of the hearing transcript.
Signed and filed this ___12th______day of April, 2013.
Copies To:
Mr. Robert E. Tucker
Attorney at Law
2400 86th St, Ste 35
Urbandale, IA 50322-4306
Mr. David L. Jenkins
Attorney at Law
801 Grand Avenue, Suite 3700
Des Moines, IA 50309-2727