Bertrand v. Sioux City Grain Exchange

SCHULTZ, Presiding Justice.

This appeal is from an action for judicial review. The issue involves the extent to which workers’ compensation benefits may be reduced by recovery in a third-party wrongful death action. The Iowa Industrial Commissioner (commissioner) ruled that an employer and its workers’ compensation carrier (employer) are entitled to a credit on benefits owed to a deceased employee’s spouse to the full extent of the wrongful death recovery, even though the surviving spouse actually received only a portion of the recovery. The district court affirmed this ruling. We reverse the…