Workers' compensation claimant may recover wages lost by his spouse while transporting claimant to medical treatment

Law Reporter, Dec 2004

Mycogen Seeds v. Sands, ___ N.W.2d ___, No. 88/03-0331, 2004 WL 1921111 (Iowa Aug. 11, 2004).

The Supreme Court of Iowa held that a workers' compensation claimant could recover lost wages incurred by his spouse while transporting him to and from medical treatment.

Here, Sands suffered several on-the-job injuries while working for various seed companies. During treatment for his injuries, his wife drove him to some of his doctors' appointments and attended some appointments to learn how to assist in his care. After a hearing on Sands's petition for workers' compensation benefits, the deputy commissioner ruled that he could recover as medical expenses die wages his wife lost as a result of driving him to and from the doctors' appointments. The commissioner reversed, denying the request for reimbursement of lost wages, and a trial court affirmed.

Reversing, the state high court noted that Iowa Code § 85.27, which addresses an employer's obligation to provide for reasonable medical services, states that the employer "shall allow reasonably necessary transportation expenses incurred for such services." Noting that the issue was one of first impression for the jurisdiction, the court cited Florida case law interpreting a similar statute providing that a claimant is entitled to reimbursement of the "reasonable actual cost of transportation." There, the court held that lost wages are reimbursable provided the claimant can prove that the manner of travel was the most reasonable and economical under the circumstances and the amount was reasonable in terms of the quality and quantity of services rendered.

Adopting this approach, the court held that an employee may be reimbursed for wages lost by his or her spouse while transporting the employee to and from authorized medical treatment. Accordingly, the court remanded.

Claimant's Counsel

* Dennis J. Mahr, Sioux City, Iowa