Lon Tweeten d/b/a Tweeten Farms and Grinnell Mutual Insurance, Co.
v.
Corey Tweeten
Corey Tweeten (Corey) was injured on July 25, 2017, in the course of working on the farm owned and operated by his father, Lon Tweeten, doing business as Tweeten Farms. On January 21, 2020, Corey filed a petition with the Iowa Workers’ Compensation Commissioner for a right upper extremity injury, which included a claim to the Second Injury Fund regarding a prior right ankle injury. A deputy workers’ compensation commissioner found Corey had right elbow epicondylitis and a deltoid tear arising out of the course of his employment, and Corey’s claim was not barred by Iowa Code section 85.26 because of the discovery rule. Tweeten Farms and its insurance carrier, Grinnell Mutual Insurance Company (collectively, “Grinnell Mutual”), sought rehearing, arguing in part that Corey’s claim was barred by a compromise settlement he entered into with the Second Injury Fund, and that his claims were time-barred. As pertinent here, rehearing was denied, and Grinnell Mutual appealed. On May 20, 2022, the workers’ compensation commissioner affirmed, and Grinnell Mutual filed a petition for judicial review. The district court granted in part and denied in part the petition for judicial review. Grinnell Mutual argues: (1) the district court erred by finding Corey’s claims for benefits were not barred by the compromise settlement entered into with the Second Injury Fund, which eliminated the workers’ compensation commissioner’s subject matter jurisdiction over the claim; (2) the court erred by finding the claim related to the deltoid tear was not barred by the statute of limitations, and the commissioner erred by applying the discovery rule following the 2017 amendments to Iowa Code section 85.26; (3) Corey is not entitled to certain medical expenses; and (4) the court erred by awarding Corey the costs of an independent medical examination (IME).
Appellant
Lon Tweeten d/b/a Tweeten Farms and Grinnell Mutual Insurance, Co.
Appellee
Corey Tweeten
Attorneys for the Appellant
Stephen W. Spencer
Christopher S. Spencer
Attorney for the Appellee
Janece M. Valentine
Supreme Court
Oral Argument Schedule
15-15-5
Nov 16, 2023 9:30 AM
