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Case No. 22-2081

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).

County:
Polk
Trial Court Case No.:
CVCV063846

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

Briefs

Supreme Court Opinion

Opinion Number:
22-2081
Date Published:
Dec 22, 2023

Other Information

Date Retained:
May 30, 2023
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