Iowa Code

Iowa Code § 85.39 (2026)

Examination of injured employees

✓ current as of July 2026

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1. After an injury, the employee, if requested by the employer, shall submit for examination at some reasonable time and place and as often as reasonably requested, to a physician or physicians authorized to practice under the laws of this state or another state, without cost to the employee; but if the employee requests, the employee, at the employee’s\n\nTue Dec 09 22:29:52 2025 Iowa Code 2026, Chapter 85 (59, 0) 21 WORKERS’ COMPENSATION, §85.42\n\nown cost, is entitled to have a physician or physicians of the employee’s own selection present to participate in the examination. If an employee is required to leave work for which the employee is being paid wages to attend the requested examination, the employee shall be compensated at the employee’s regular rate for the time the employee is required to leave work, and the employee shall be furnished transportation to and from the place of examination, or the employer may elect to pay the employee the reasonable cost of the transportation. The refusal of the employee to submit to the examination shall forfeit the employee’s right to any compensation for the period of the refusal. Compensation shall not be payable for the period of refusal. 2. If an evaluation of permanent disability has been made by a physician retained by the employer and the employee believes this evaluation to be too low, the employee shall, upon application to the commissioner and upon delivery of a copy of the application to the employer and its insurance carrier, be reimbursed by the employer the reasonable fee for a subsequent examination by a physician of the employee’s own choice, and reasonably necessary transportation expenses incurred for the examination. The physician chosen by the employee has the right to confer with and obtain from the employer-retained physician sufficient history of the injury to make a proper examination. An employer is only liable to reimburse an employee for the cost of an examination conducted pursuant to this subsection if the injury for which the employee is being examined is determined to be compensable under this chapter or chapter 85A or 85B. An employer is not liable for the cost of such an examination if the injury for which the employee is being examined is determined not to be a compensable injury. A determination of the reasonableness of a fee for an examination made pursuant to this subsection, shall be based on the typical fee charged by a medical provider to perform an impairment rating in the local area where the examination is conducted. [S13, §2477-m11; C24, 27, 31, 35, 39, §1399; C46, 50, 54, 58, 62, §85.39; C66, 71, 73, 75, §85.34(2), 85.39; C77, 79, 81, §85.39; 82 Acts, ch 1161, §15] 2017 Acts, ch 23, §15, 24

Notes of Decisions

Cited in 38 cases (9 in the last 5 years), 1980–2026 · leading case: Des Moines Area Reg'l Transit Auth. & United Heartland v. Arbreina Young, 867 N.W.2d 839 (Iowa 2015).

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Des Moines Area Reg'l Transit Auth. & United Heartland v. Arbreina Young, 867 N.W.2d 839 (Iowa 2015). · cites it 210× “65, 67 (1928); see also Iowa Code § 85.39 . These benefits are paid to the employee by the employer.”

Larson Mfg. Co. v. Thorson, 763 N.W.2d 842 (Iowa 2009). · cites it 20× “Iowa Code § 85.39 (emphasis added). Larson was ordered to pay for Dr.”

IBP, Inc. v. Harker, 633 N.W.2d 322 (Iowa 2001). · cites it 22× “” Iowa Code § 85.39 (1997). In this case, the industrial commissioner ruled that the employer was required to pay for its employee’s IME, even though the employee, not the employer, chose the treating physicians who had rendered disability ratings that the employee thought were…”

Kohlhaas v. Hog Slat, Inc., 777 N.W.2d 387 (Iowa 2009). · cites it 28× “” Iowa Code § 85.39 . The commissioner determined Kohlhaas could not be reimbursed for Dr.”

McSpadden v. Big Ben Coal Co., 288 N.W.2d 181 (Iowa 1980). · cites it 16× “39 provides in relevant part: Whenever an evaluation of permanent disability has been made by a physician retained by the employer, and the employee believes this evaluation to be too low, he shaíl, upon application to the commissioner and at the same time delivery of a copy to…”

City of Davenport v. Newcomb, 820 N.W.2d 882 (Iowa Ct. App. 2012). · cites it 36× “Iowa Code § 85.39 The City further contends the district court erred in holding the City was not entitled to an IME under Iowa Code section 85.”

Dodd v. Fleetguard, Inc., 759 N.W.2d 133 (Iowa Ct. App. 2008). · cites it 18× “Section 85.39 Fees. Iowa Code section 85.”

John Deere Dubuque Works v. Caven, 804 N.W.2d 297 (Iowa Ct. App. 2011). · cites it 18× “See Iowa Code § 85.39 . We turn to Iowa Code section 86.”

Tyson Foods, Inc. v. Hedlund, 740 N.W.2d 192 (Iowa 2007). · cites it 8× “DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT REVERSED; CASE REMANDED. 1 .”

McCormick v. North Star Foods, Inc., 533 N.W.2d 196 (Iowa 1995). · cites it 22× “See Iowa Code § 85.39 . McCormick again refused to attend the examination.”

Thilges v. Snap-On Tools Corp., 528 N.W.2d 614 (Iowa 1995). · cites it 8× “It is provided in Iowa Code section 85.39 (1991) that, [i]f an employee is required to leave work for which the employee is being paid wages to attend the requested examination, the employee shall be compensated at the employee’s regular rate for the time the employee is…”

Spencer v. Annett Holdings, Inc., 905 F. Supp. 2d 953 (S.D. Iowa 2012). · cites it 14× “Third, Annett contends that because Spencer failed to submit to an independent medical examination (“IME”) under Iowa Code § 85.39 , An-nett’s only reliable source of information from an authorized physician was Dr.”

Show all 38 citing cases →

— Iowa Code § 85.39(1) — 2 cases

Jerry Hayes v. Christian Ret. Homes, Inc., d/b/a Ridgecrest Senior Living Ctr. & West Bend Mut. Ins. Co (Iowa 2026).

Harris Steel Grp., Inc. & Am. Zurich Ins. Co. v. Justin Botkin (Iowa Ct. App. 2020).

— Iowa Code § 85.39(2) — 4 cases

Mid Am. Constr. LLC & Grinnell Mut. v. Marshall Sandlin (Iowa 2024).

MidAmerican Constr. LLC & Grinnell Mut. v. Marshall Sandlin (Iowa Ct. App. 2023).

P.M. Lattner Mfg. Co. v. Rife (Iowa Ct. App. 2023).

Lon Tweeten d/b/a Tweeten Farms & Grinnell Mut. Ins., Co. v. Corey Tweeten (Iowa 2023).

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