Court Concludes that Workers Compensation Remedy is Exclusive in Death Case
In Estate of Brehm v. Dubuque Community School District , No. 12-0176 (Iowa App. Oct. 3, 2012), the court of appeals addressed the issue of exclusive remedy in the death benefits case. Claimant had died while performing one of two full time jobs, and under the provisions of the workers' compensation statute, was paid benefits based only on the wages earned on that full time job. Claimant's estate argued that this remedy wasn't adequate, and that therefore the workers' compensation statute should not have been the exclusive remedy in the case. Because the damages arose from a work related injury, and the employer had paid the damages owed under the workers' compensation act, the court concluded that the remedy was adequate and affirmed the decision of the district court. The court noted that in situations where there was not an adequate remedy, claims may fall outside of the exclusive remedy provisions, but found that this was not such a case. The court conclud...