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

CADY, Chief Justice.

In this workers’ compensation appeal, we must decide whether Iowa Code section 85.39 (2009) provides the exclusive method for reimbursement of an independent medical examination obtained by a claimant or if the workers’ compensation commissioner may tax the expense of the examination as costs incurred in the hearing under an administrative rule authorizing the taxation of costs of obtaining reports by doctors. In this case, the deputy workers’ compensation commissioner taxed as costs to the employer a medical examination obtained by the worker outside of the provisions of…