WILSON FOOD CORP. v. CHERRY

No. 65540.

315 N.W.2d 756 (1982)

WILSON FOOD CORPORATION, Appellee, v. Hollie C. CHERRY, Appellant, and The Iowa Industrial Commissioner, Appellant.

Supreme Court of Iowa.

February 17, 1982.


Attorney(s) appearing for the Case

William D. Scherle of Hanson, McClintock & Riley, Des Moines, for appellant.

Gene R. LaSuer of Davis, Hockenberg, Wine, Brown, Koehn, Des Moines, for appellee.

Considered by REYNOLDSON, C. J., and HARRIS, McCORMICK, ALLBEE, and McGIVERIN, JJ.


HARRIS, Justice.

On judicial review the district court overturned a determination of the industrial commissioner in a review-reopening proceeding. The question is strictly a legal one: Is an employer entitled to credit for its mistaken overpayment of healing period benefits against its obligation to pay permanent partial disability benefits? We affirm the district court's decision allowing such a credit.

In a job related injury, July 18, 1973, claimant suffered...

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