· 2/22/1995
Long v. Roberts Dairy Co.
Citations
- 528 N.W.2d 122
- 1995 Iowa Sup. LEXIS 23
- 1995 WL 81376
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing employee must show employer’s choice of treatment was unreasonable to establish claim for alternative care
- concluding the employee did not satisfy his burden to prove the employer-authorized care was unreasonable where the treating physician recommended several treatment options, the employer selected one of those options but the employee requested care under one of the 8 other options
- noting a claimant’s desire for alternate 9 medical treatment is not determinative of whether the treatment offered by the employer is inferior or less extensive than the claimant’s proposed treatment
- “Determining what care is reasonable under the statute is a question of fact.”
- “[T]he employer’s obligation under the statute turns on the question of reasonable necessity, not desirability.”
- “The ultimate question is whether . . . the employer met its obligation under Iowa Code section 85.27 . . . . By challenging the employer’s choice of treating—seeking alternate care—[the claimant] has assumed the burden of proving that the authorized care is unreasonable.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McGiverin, Neuman, Snell, Andreasen, Ternus
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.