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Issue Preclusion Didn't Bar Carrier's Suit Against Worker

Friday, July 12, 2019 | 0

The Iowa Court of Appeals ruled that the doctrine of issue preclusion did not bar a comp carrier’s suit against an injured worker. Case: Employers Mutual Casualty Co. v. Smith, No. 18-1279, 07/03/2019, published. Facts: John Smith suffered injuries at work in February 2013 when a motorist struck him. Employers Mutual Casualty Co. paid workers’ compensation benefits to Smith. After the insurance provider for the motorist offered to pay the $100,000 limit of its policy, Smith’s attorney asked EMC to reduce its lien, from $107,924.21 to $71,949.48. Smith had $1 million ...

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