Supreme Court Guts Discovery Rule in Traumatic Event Cases; Finds that Settlement with Second Injury Fund Does Not Bar Action Against Employer
Tweeten dba Tweeten Farms v. Tweeten , 999 N.W.2d 270 (Iowa Dec. 22, 2023) In this action reviewing the district court decision, three issues were presented: Does the statutory bar under section 85.39(9) of the Code preclude further benefits following a compromise settlement between claimant and the Second Injury Fund? Does the discovery rule toll the statute of limitations following amendments to section 85.26(1) of the Iowa Code? How do amendments to section 85.39(2) of the Code affect reimbursement for independent medical exams? The Supreme Court concluded that a compromise settlement with the Fund does not bar an action against the employer. The Court further finds that, in actions based on a traumatic event, the legislative changes to 85.26(1) made in 2017 effectively eliminates the discovery rule. Because of the decision on this third issue, the final issue concerning independent medical evaluations was not re...