Court of Appeals Decides Equitable Apportionment, Penalty Case
In Carter v. Alter Trading Corp. , No. 11-1697 (Iowa App. Oct. 17, 2012), the court decided a claim dealing with equitable apportionment and penalty benefits for failure to pay benefits pending equitable apportionment. The fighting question was whether the apportionment of death benefits among his children and wife was equitable. Claimant was a native of Honduras and had a family in Honduras at the time he died as a result of an industrial accident. That family consisted of his oldest son, Angel, his wife Carmen, and his daughter, Lidia. Claimant came to the US to work, and provided the family with support. Claimant had a paramour in the US, Ruth, with whom he fathered a child, Sandra. Claimant did not live with Ruth and Sandra, but provided them with support as well. When claimant was killed, both families sought payment of death benefits. The deputy allocated 45% of death benefits to Carmen as surviving spouse, and 22% to Angel during the period of hi...