Allen v. Allen Water & Wastewater Engineering, Inc.

McGIVERIN, Chief Justice.

The issue before us on further review is whether the district court or the industrial commissioner must decide an issue involving an indemnification amount in this workers’ compensation case. The district court and court of appeals concluded the amount of indemnity to which the insurer was entitled is a question of fact and, therefore, the case must be remanded to the industrial commis-. sioner for resolution. We affirm.

I. Background facts and proceedings. Petitioner Sandra Kay Allen (Allen) is the surviving spouse of Thomas Allen, a professional engineer and late…