Mid American Construction LLC and Grinnell Mutual v. Marshall Sandlin

Summary

The court held that Iowa Code section 85.39(2), as amended in 2017, requires reimbursement for the reasonable cost of the examination used to determine an impairment rating, including records review, physical examination and testing, and a written report, rather than only the cost of assigning the percentage rating. The reasonableness of the fee must be assessed against the typical local fee for performing an impairment-rating examination, and the claimant bears the burden of proving reasonableness. Because the commissioner made no finding concerning the typical local fee, the court vacated the reduced award, reversed the district court's approval of the full fee, and remanded for further fact-finding.