Toomey v. Surgical Services, P.C.

McGIVERIN, Chief Justice.

The question here is whether a workers’ compensation carrier can validly assert an Iowa Code section 85.22(1) (1993) lien against any recovery an employee may obtain in a medical negligence action against the physician who treated the employee’s injury. The district court ruled no such lien could be enforced. We agree and affirm. Accordingly, we also conclude that Iowa Code section 147.136, a provision limiting a plaintiffs recovery in a medical negligence case, applies to this ease.

I.Background facts and proceedings. The parties do not dispute the facts underlying…