Horsman v. Wahl

The issue on appeal is whether a sole proprietor who purchases workers’ compensation insurance for himself or herself pursuant to the election provided for in Iowa Code section 85.1 A (1995) is considered an “employee” under the definitions contained in section 85.61 and thus an “employee” against whom a coemployee can assert a gross negligence claim under Iowa Code section 85.20(2). The district court determined that defendant’s election to be covered by workers’ compensation insurance did not make him plaintiffs coemployee for purposes of the exclusive remedy provision set forth in section…