Court of Appeals Issues Decision on Partial Commutation
In Pilgrim's Pride v. Eakins , No. 12-0901 (Iowa App Jan. 24, 2013), the court of appeals addressed the issue of partial commutation, an issue that does not come before the appellate courts frequently. Two issues were presented - whether claimant was entitled to the partial commutation (i.e. whether the commutation was in claimant's best interests) and whether the amount of the commutation should be based on the amounts due at the time of filing (including the discount amount) or at some later date. On the issue of commutation, the court concluded that the issue was largely one of substantial interest. The court noted that the "best interests" test of Dameron v. Newmann Bros. , 339 N.W.2d 160, 164 (Iowa 1983) was the governing standard. Under this test, the agency is to consider the workers' age, education, mental and physical condition, life expectancy, family circumstances and living arrangements, and the reasonableness of the investment plan in determining...