Court of Appeals Affirms Partial Commutation Award
In United Fire and Casualty v. Hessenius , No. 19-1929 (Iowa App. Dec. 16, 2020), the court considered the commissioner’s award of a partial commutation following a PTD award under the old (pre- 7/1/17j law. The deputy had awarded only $100,000 of the partial commutation, but the commissioner reversed and awarded a partial commutation of over $1 million. Defendants appeal. Defendants argued that the commissioner’s decision was not supported by substantial evidence, specifically alleging that claimant had not demonstrated how he would make up for the stream of income lost due to the partial commutation. The court notes that claimant had testified that he planned to invest the amounts very conservatively to provide a stream of income. The court also notes that claimant’s financial advisor was fully in support of the commutation. The court finds that claimant’s testimony and evidence was substantial evidence supporting the commissioner’s decision.