Court of Appeals Rejects Challenge from Estate of Injured Worker
Claimant's estate in this matter argued that settlement of claimant's partial commutation case had been reached before claimant died. The agency granted summary judgment to the employer and in Estate of Ed Albaugh v. UPS Freight , No. 20-0070 (Iowa App. April 14, 2021), the court of appeals affirmed the grant of summary judgment to defendant. Claimant had been injured at work and was found to be permanently and totally disabled by the agency in 2014. Claimant petitioned for partial commutation of benefits in March 2017. In June, defendant's attorney indicated that his client would agree to partial commutation if claimant agreed to an MSA, with a reversionary interest to Gallagher Bassett/UPS. Plaintiff's attorney responded he was willing to consider the idea. By November, no further progress had been reached, but shortly before the May 1, 2018 hearing, defendant's attorney indicated that UPS would agree to commutation and run a new MSA. She indicated that i...