Sheahan v. Plagge

— I. Defendant states the question on appeal thus: “Whether or not Section 85.1(3), Code of Iowa (1958) bars the right of the plaintiff to recover damages.”

This is a common-law action between the legal representative of an employee and his employer for damages for a fatal injury received while working under the direction of the employer. If the decedent is not specifically excluded from workmen’s compensation plaintiff cannot recover. Groves v. Donohue, 254 Iowa 412, 419, 118 N.W.2d 65, 69.

The applicable Code section is:

“85.1 To whom not applicable. This chapter shall not apply to: * * *

“3.…