"until justice rolls down like waters, and righteousness like a mighty stream." Amos 5:24

  • President, Iowa Association of Workers' Compensation Lawyers, Inc., 2004-5,
  • Member, Larson's National Workers' Compensation Advisory Board
  • Chair, Law Practice Management Committee, Iowa State Bar Association , 2009-
Med Care - 85.27 PDF Print E-mail

Click here to see Section 85.27 of the Iowa Code. Secion 85.27 deals with a numberr of issues, including

  • Medical care
  • Disputes as to the medical provider
  • Protection from bill collectors when a Petition has been filed
  • Payment for hours missed to go to medical care

The most important section, 85.27, section 4 covers medical care for injured workers;

"4.  For purposes of this section, the employer is obliged to
furnish reasonable services and supplies to treat an injured
employee, and has the right to choose the care. If the employer
chooses the care, the employer shall hold the employee harmless for
the cost of care until the employer notifies the employee that the
employer is no longer authorizing all or any part of the care and the
reason for the change in authorization. An employer is not liable
for the cost of care that the employer arranges in response to a
sudden emergency if the employee's condition, for which care was
arranged, is not related to the employment. The treatment must be
offered promptly and be reasonably suited to treat the injury without
undue inconvenience to the employee. If the employee has reason to
be dissatisfied with the care offered, the employee should
communicate the basis of such dissatisfaction to the employer, in
writing if requested, following which the employer and the employee
may agree to alternate care reasonably suited to treat the injury.
If the employer and employee cannot agree on such alternate care, the
commissioner may, upon application and reasonable proofs of the
necessity therefor, allow and order other care. In an emergency, the
employee may choose the employee's care at the employer's expense,
provided the employer or the employer's agent cannot be reached
immediately. An application made under this subsection shall be
considered an original proceeding for purposes of commencement and
contested case proceedings under section 85.26. The hearing shall be
conducted pursuant to chapter 17A. Before a hearing is scheduled,
the parties may choose a telephone hearing or an in-person hearing.
A request for an in-person hearing shall be approved unless the
in-person hearing would be impractical because of the distance
between the parties to the hearing. The workers' compensation
commissioner shall issue a decision within ten working days of
receipt of an application for alternate care made pursuant to a
telephone hearing or within fourteen working days of receipt of an
application for alternate care made pursuant to an in-person hearing.
The employer shall notify an injured employee of the employee's
ability to contest the employer's choice of care pursuant to this
subsection."
 

Contact Details


H. Edwin Detlie
Attorney at Law

Ottumwa Office:

303 East Second Street
Ottumwa, IA 52501-3001

Tel: 641-682-8119
or 800-747-8119
fax 641-682-8110

Dexter Office:

715 Marshall
Dexter, Iowa 50070

Tel: (515)789-0002

email us

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