Iowa Workers' Compensation

Reihe v. Midwest Viking, Inc. , No. 17-0214 (Iowa App. Nov. 8, 2017), deals with the somewhat unusual situation where a district court remanded a matter to the workers' compensation commissioner for entry of an order nunc pro tunc correcting a compromise settlement agreement.  Claimant argues that the district court improperly considered extrinsic evidence and that reformation of the contract was barred by judicial estoppel. The settlement proposal that was agreed to indicated that defendants would pay roughly $75,000 less deductions of payment made to date (2/23/15), which totaled $21,080.12.  The settlement documents indicated the settlement was roughly $75,000 less weekly payment made from 3/5/15 until settlement approval.  Defendants would have received considerably more in credits under the original agreement than under the terms of the settlement documents.  The settlement documents were approved and defendants sent a check to claimant in an amount equivalent...

In Hawkeye Wood Shavings v. Parrish , No. 11-1546 (Iowa App. April 11, 2012), the court decided, based on the "well-written district court opinion," that the commissioner correctly issued a nunc pro tunc order specifying that defendants were responsible for payment of claimant's medical expenses for his injury. Mr. Parrish was represented by Martin Ozga of Neifert, Byrne & Ozga, P.C.