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IN THE SUPREME COURT OF IOWA
No. 82 / 05-0493 Filed December 1, 2006 WINNEBAGO INDUSTRIES, INC. and SENTRY INSURANCE, Appellees, vs. MARK HAVERLY, Appellant.

On review from the Iowa Court of Appeals.

Appeal from the Iowa District Court for Polk County, Robert A. Hutchison, Judge.

Claimant in workers' compensation case won a favorable ruling from the Workers' Compensation Commissioner, but the ruling was reversed by the district court. The claimant appealed, the court of appeals affirmed, and we granted further review. DECISION OF COURT OF APPEALS

VACATED; JUDGMENT OF DISTRICT COURT REVERSED; CASE REMANDED.

Christopher D. Spaulding of Berg, Rouse, Spaulding & Schmidt, P.L.C., Des Moines, for appellant.

Lee P. Hook and Joseph M. Barron of Peddicord, Wharton, Spencer & Hook, LLP, Des Moines, for appellees.

2 LARSON, Justice. Mark Haverly, who was employed by Winnebago Industries, Inc., filed a workers' compensation claim under Iowa Code chapter 85 (2001) and won a favorable ruling from the Workers' Compensation Commissioner. On judicial review, however, the district court reversed the commissioner's ruling, and the court of appeals affirmed. On further review, we vacate the decision of the court of appeals, reverse the judgment of the district court, and remand. I. Facts and Prior Proceedings. Mark Haverly began working for Winnebago in 1983. In 1992 he suffered a work-related back injury and, in 1997, entered into a settlement of his workers' compensation claim. Winnebago provided ongoing medical care for this back injury. Haverly continued to have back pain and On

underwent various courses of treatment, including surgery.

November 7, 2000, Haverly went to a doctor complaining of increased back pain, and the doctor recommended conservative treatment. Dissatisfied with the subsequent care provided by Winnebago, Haverly sought medical care from Dr. David Beck in February 2002. Dr. Beck recommended

surgery. This surgery, however, was not authorized by Winnebago. In March 2002 Haverly filed a petition for workers' compensation benefits, alleging that a work-related back injury occurred on November 7, 2000. 1 Winnebago responded that any injury sustained on November 7, 2000, related to Haverly's 1992 injury and, at most, caused a temporary aggravation of his preexisting back condition. Because Winnebago did not authorize Haverly to proceed with the surgery recommended by Dr. Beck, Haverly filed an application for alternate
also filed a petition alleging that he suffered a work-related back injury on March 2, 2000. This alleged injury is not at issue on further review.
1Haverly

3 medical care on May 17, 2002. See Iowa Code

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