Firstar Bank of Burlington v. Hawkeye Paving Corp.

TERNUS, Justice.

The children of a deceased worker claim a workers’ compensation carrier lost its lien on the children’s recovery from the third party responsible for their father’s death because the insurer did not file a notice of its hen pursuant to Iowa Code section 85.22(1) (1989). The district court ruled after a bench trial that the insurer’s omission was excused because the children had not served the insurer with a copy of the original notice of its suit against the third party as required by section 85.22. We agree and affirm.

I. Background Facts and Proceedings.

Neither party disputes…