Legal Opinion

Wilson Food Corp. v. Cherry

Supreme Court of Iowa

Decided February 17, 1982No. 65540PublishedCited by 7 opinions

1Opinion of the Court

HARRIS, Justice.

On judicial review the district court overturned a determination of the industrial commissioner in a review-reopening proceeding. The question is strictly a legal one: Is an employer entitled to credit for its mistaken overpayment of healing period benefits against its obligation to pay permanent partial disability benefits? We affirm the district court’s decision allowing such a credit.

In a job related injury, July 18, 1973, claimant suffered a herniated disc in his spine. As a result he received disability payments from September 30,1973, to February 9, 1979. During this…

2Cases cited7 opinions

  1. Dunlap v. State Compensation DirectorWest Virginia Supreme Court · 1965
  2. Orr v. Lewis Central School DistrictSupreme Court of Iowa · 1980
  3. In Re Estate of WilsonSupreme Court of Iowa · 1972
  4. Lemmer v. Batzli Electric Co.Supreme Court of Minnesota · 1963
  5. Bland Casket Company v. DavenportTennessee Supreme Court · 1968

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3Cited by7 opinions

  1. Paternoster v. La Cuesta Cabinets, Inc.New Mexico Court of Appeals · 1984
  2. Tiensvold v. Universal Transport, Inc.South Dakota Supreme Court · 1991
  3. World Color Press v. Industrial CommissionAppellate Court of Illinois · 1984
  4. Unified Concern for Children v. CaputoCourt of Appeals of Iowa · 1982
  5. American Home Assurance v. Liberty Mutual Fire Insurance CompanySupreme Court of Iowa · 2022

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