Court of Appeals Addresses Review-Reopening Petition and Employer's Subrogation Rights
In Sanchez v. Celadon Trucking Services , No. 12-0895 (Iowa App. Feb. 13, 2013), the Court of Appeals addressed a review-reopening question which was combined with questions concerning the proceeds of a third party action, and the employer's subrogation rights from that proceeding. Claimant had originally been awarded a 25% industrial disability, and later filed for review reopening, and also sought an adjudication of the extent of the employer's remaining lien from the third-party settlement. The deputy found that claimant was not entitled to additional benefits, finding that claimant lacked credibility. The deputy also found that the employer's calculation of the lien was correct and ordered that the lien be honored by claimant. The commissioner summarily affirmed the decision on both points. The district court affirmed the commissioner's decision. The court notes that on the review-reopening questions, its task was limited to determining whether substantial ev...