Court Addresses 86.42 Judgment and Stay of Judgment

In Annett Holdings v. Pepple, No. 12-0468 (Iowa App. Oct. 17, 2012), claimant had sought and obtained a judgment under section 86.42 of the Code.  At the time that claimant sought judgment, defendant sought a stay of that judgment, which was denied by the district court.  The court found that although defendant might suffer harm from the judgment, the harm was less certain and less significant than the harm to claimant.

On appeal, the court found that the district court had considered the factors set forth in section 17A.19(5)(c) of the Code, in addition to the Supreme Court's decision in Grinnell College v. Osborn.  The court found that "when  a party requesting judgment has met all the conditions of Iowa Code section 86.42, the district court is required to enter the judgment in favor of the party requesting judgment."  The court found that this was the case, and affirmed the decision of the district court. 

Comments

Post a Comment

Popular posts from this blog

Iowa Supreme Court Concludes Vascular Injuries are not Per Se Whole Body Injuries for Fund Purposes; Holds that a Sequella Injury to the Body As. Whole Does Not Automatically Preclude Fund Benefits

  Delaney v. Second Injury Fund , No. 23-0182 ((Iowa May 10, 2024) Claimant suffered an injury to her left leg and 33 years later suffered an injury to her right leg. Following surgery on the right leg, claimant developed lymphedema. She filed for benefits against the Fund and the commissioner concluded that because lymphedema was an unscheduled injury, claimant was not entitled to benefits against the Fund under 85.64. The district court affirmed the decision of the commissioner. The Court of Appeals reversed, finding that even if a second injury resulted in a sequella body as a whole injury, claimant was still entitled to consideration of the second injury under 85.64. The Supreme Court first concludes that the agency erred in concluding that a per se rule for vascular injuries that concluded that such injuries precluded an action against the Fund was erroneous.The Court rejects the reliance of the agency on Blacksmith v. All-American , finding that Blacksmith  did not suppo...
Read more

Court of Appeals Holds that Injuries to Two Shoulders Are Not to be Considered Industrially Under 85.34(2)(v)

Nordstrom v. Carmer , No. 23-1423 (Iowa App. May 8, 2024) Claimant suffered an accepted injury to her right shoulder in August of 2018. She subsequently developed pain in her left shoulder due to overcompensating for her right shoulder injury with her other arm. Claimant's IME physician opined that the left shoulder injury was due to overcompensation due to the right shoulder injury while defendants' doctor indicated that the left shoulder injury was due to rheumatoid arthritis and was not work-related.  The commissioner concluded that both shoulder injuries arose out of and in the course of employment and found that the injuries should be treated as unscheduled under 85.34(2)(v).  The district court affirmed the decision of the commissoiner. On appeal, the Court of Appeals first concludes that the report of Dr. Segal, claimant's IME doctor, was supported by substantial evidence.  The Court noted that the decision concerning medical causation was essentially within the do...
Read more

Court of Appeals Dismisses Interlocutory Appeal as Moot

H.D. Supply Management v. Smith , No. 23-1656 (Iowa App. Sept. 18, 2024) In this interlocutory appeal, the parties requested the Court to decide whether a stay of a workers' compensation award was appropriate.  Claimant had filed a request for judgment under 86.42 following the commissioner's finding of permanent total disability.  Defendants moved to stay enforcement, despite the fact they had failed to post a bond in a timely manner.  Ultimately, the district court stayed the order, finding that claimant would  not be prejudiced despite the late posting of the bond. While the appeal was pending, the underlying claim was reversed and remanded to the commissioner (the underlying issue in the case was whether a combined arm and shoulder injury should be treated industrially, which the Supreme Court answered in the negative in Bridgestone Americas v. Anderson , 4 N.W.3d 676 (Iowa 2024). The parties argued that the case was not moot, given the fact that some benefits wo...
Read more