High Court: Rehearing Not Needed to Preserve Error on Rejected Argument

Claimants do not have to file a motion for rehearing to preserve error on an argument that the Workers' Compensation Commissioner rejects without a specific discussion, the Iowa Supreme Court ruled. "A contrary holding would trigger unproductive motions for rehearing any time the agency filed to specifically address every supporting argument made by the party losing an issue," the high court said. The Court of Appeals ruled that Jerry Hayes failed to preserve error on the argument that his employer was bound by the opinion of the doctor it selected to provide treatment, while a...