Armour-Dial, Inc. v. Lodge & Shipley Co.

SCHULTZ, Justice.

We must decide whether the failure by a self-insured employer to file a timely notice of lien pursuant to Iowa Code section 85.22 causes it to forfeit its right to be reimbursed for benefits paid an employee by a third party tortfeasor. In this case, the employer sued the employee for indemnification from the settlement proceeds and sued the tortfeasor on a claim based on subrogation. We hold that the employer must comply with the statutory filing requirements in order to preserve and maintain its lien. The loss of the lien does not affect the right of indemnification from…