Des Moines Area Regional Transit Authority and United Heartland v. Arbreina Young

In my view, this case presents a relatively straightforward question of statutory interpretation.

The proper analysis begins with the general rule related to recovery of costs in a workers’ compensation proceeding. This general rule is contained in Iowa Code section 86.40 (2009). This broadly framed cost-recovery provision states, “All costs incurred in the hearing before the commissioner shall be taxed in the discretion of the commissioner.” Id.

There are several material features of this statute. First, “All costs incurred in the hearing” are potentially recoverable. Id. (emphasis added). Not…