Court of Appeals Concludes that Subrogation Controlled by South Dakota Law
In Moad v. Libby and Dakota Truck Underwriters , No, 14-0290 (Iowa App. March 11, 2015), a case decided on the same day as the decision in Moad v. Gary Jensen Trucking , the Court of Appeals concludes that a subrogation lien filed by the workers' compensation insurer was effective under South Dakota law. Claimant was a resident of South Dakota, employed by a South Dakota trucking company. He was paid workers' compensation benefits voluntarily under South Dakota law for an injury that occurred in Iowa. Following claimant's death, his wife sought benefits under Iowa's workers' compensation laws. Claimant's wife settled the personal injury claim and the parties agreed that there was a right to subrogation if South Dakota law controlled, and no right to subrogation if Iowa law controlled. The district court found that Iowa law governed and extinguished the lien. The case came to the Iowa Supreme Court in Moad v. Dakota Truck Underwriters , 831 N.W.2d 111 (Iow...