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IN THE COURT OF APPEALS OF IOWA No. 2-381 / 11-2024 Filed June 13, 2012

FINLEY HOSPITAL, Plaintiff-Appellant, vs. CHARLES STOKES, Defendant-Appellee. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, D.J. Stovall, Judge.

An employer appeals the district court decision affirming the deputy workers' compensation commissioner's ruling authorizing alternate medical care. AFFIRMED.

Edward J. Rose of Betty, Neuman & McMahon, P.L.C., Davenport, for appellant. Mark J. Sullivan of Reynolds & Kenline, L.L.P., Dubuque, for appellee.

Considered by Vaitheswaran, P.J., and Doyle and Danilson, JJ.

2 DANILSON, J. The employer, Finley Hospital, appeals the district court decision affirming the deputy workers' compensation commissioner's ruling authorizing alternate medical care for Charles Stokes. Because the deputy's finding that the employer failed to timely provide medical care was supported by substantial evidence, we affirm. Under Iowa Code section 85.27(4) (2011), "the employer is obliged to furnish reasonable services and supplies to treat an injured employee, and has the right to choose the care." The statute provides three exceptions: (1) when the employer and employee consent to alternative medical care; (2) when the employee establishes the right to seek alternative medical care in a proceeding before the agency; and (3) in an emergency, when the employer cannot be reached immediately. Iowa Code

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