Lorri Hagen
v.
Serta/National Bedding Co., LLC, and Safety National Casualty Co.
Serta/National Bedding Co., LLC, and Security National Casualty Co. (collectively, “Serta”) appeal from the district court’s ruling on judicial review reversing the workers’ compensation commissioner’s order affirming the exclusion of Lorri Hagen’s late-filed expert reports, for Serta’s failure to show “unfair” prejudice.
Resister
Lorri Hagen
Applicant
Serta/National Bedding Co., LLC, and Safety National Casualty Co.
Attorney for the Resister
John M. Loughlin
Attorney for the Applicant
Lindsey E. Mills
Supreme Court
Oral Argument Schedule
Non-Oral
Nov 16, 2023 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
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Summary
Appeal from the Iowa District Court for Worth County, Chris Foy, Judge. AFFIRMED. Considered by Bower, C.J., and Greer and Badding, JJ. Opinion by Badding, J. Dissent by Greer, J. (14 pages)
An employer and its insurance carrier appeal the district court’s ruling on judicial review that reversed the decision of the workers’ compensation commissioner to exclude untimely expert witness reports from former employee, Lorri Hagen. The appellants claim the agency did not abuse its discretion in excluding these reports because receipt of the evidence would have been unfairly prejudicial under Iowa Administrative Code rule 876-4.19(3)(e). OPINION HOLDS: Because the appellants failed to show that the receipt of the evidence would be unfairly prejudicial as required by rule 876-4.19(3)(e), we conclude the agency abused its discretion in excluding the untimely reports. We accordingly affirm the judgment of the district court. DISSENT ASSERTS: Because I disagree with the district court's finding that the agency abused its discretion by excluding Hagen's expert reports after Hagen failed to meet the appropriate deadlines, I dissent.