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Case No. 23-1656

H.D. Supply Management, Inc. and New Hampshire Insurance Company
v.
Kenneth E. Smith

Appellee

H.D. Supply Management, Inc. and New Hampshire Insurance Company

Appellant

Kenneth E. Smith

Attorney for the Appellee

Kathryn L. Hartnett

Attorney for the Appellant

Nate Willems

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-1656
Date Published:
Sep 18, 2024
Summary

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  APPEAL DISMISSED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (10 pages)

            Kenneth Smith appeals an interlocutory district court order staying enforcement of a workers’ compensation award pending judicial review under Iowa Code section 17A.19(5) (2023) and refusing to enter judgment on the award under section 86.42.  While this interlocutory appeal was pending, the district court reversed and remanded the award to the workers’ compensation commissioner.  OPINION HOLDS: Because the judicial review proceeding ended while this interlocutory appeal was pending and the workers’ compensation award has now been reversed and remanded, this appeal is moot.  Any ruling in this case would not affect either party.  And this appeal does not satisfy the public importance exception to mootness because deciding this appeal would provide little additional guidance on the law governing stays and enforcement of workers’ compensation awards during judicial review proceedings.

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