Legal Memorandum: Employer Obligation to Provide Alternate Care

Issue: Under Iowa law, for purposes of summary judgment, is the determination of whether an insurer was obligated to provide alternate care an issue of fact?

It is well established under Iowa law that when an injured worker requests payment of expenses not expressly covered by the relevant workers compensation benefits provision, Iowa Code § 85.27 TA s "Iowa Code § 85.27" , “whether an employer is obligated to provide an employee with alternate care is intensely fact driven.”  Manpower Temporary Servs. v. Sioson, 529 N.W.2d 259 (Iowa 1995) TA s "Manpower Temporary Servs. v. Sioson (Iowa 1995)" ; Quaker Oats Co. v. Ciha, 552 N.W.2d 143 (Iowa 1996) TA l "Quaker Oats Co. v. Ciha, 552 N.W.2d 143 (Iowa 1996)" s "Quaker Oats Co. v. Ciha (Iowa 1996)" c 1 ; Stone Container Corp. v. Castle, 657 N.W.2d 485 (Iowa 2003) TA l "Stone Container Corp. v. Castle, 657 N.W.2d 485 (Iowa 2003)" s "Stone Container Corp. v. Castle, 657 N.W.2d 485 (Iowa 2003)" c 1 ). 

When such an issue exists while summary judgment is proposed, the matter should not be determined as a matter of law but should go to the jury.  See Kiner v. Reliance Ins. Co., 463 N.W.2d 9, 12 (Iowa 1990) TA s "Kiner v. Reliance Ins. Co., 463 N.W.2d 9 (Iowa 1990)" ; see also McIlravy v. N. River Ins. Co., 653 N.W.2d 323 (Iowa 2002) TA s "McIlravy v. North River Ins. Co. (Iowa 2002)"  (bad faith cause of action established by “the knowing failure to exercise an honest and informed judgment.”).

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