UNIFIED CONCERN FOR CHILDREN v. CAPUTO

No. 2-66327.

320 N.W.2d 643 (1982)

UNIFIED CONCERN FOR CHILDREN, a Corporation, d/b/a Mother Goose Child Care Center, and Employers Mutual Companies, Petitioners-Appellees, v. Ardith CAPUTO, Respondent-Appellant.

Court of Appeals of Iowa.

March 23, 1982.


Attorney(s) appearing for the Case

Melvin C. Hansen of Hansen & Engles, Omaha, Neb., and Charles L. Smith of Telpner & Smith, Council Bluffs, for respondent-appellant.

Gregory G. Barnsten of Smith, Peterson, Beckman & Willson, Council Bluffs, for petitioners-appellees.

Heard by OXBERGER, C. J., and DONIELSON, SNELL, CARTER, and JOHNSON, JJ.


DONIELSON, Judge.

Respondent claimant Ardith Caputo appeals from the district court decision on judicial review which reversed the industrial commissioner's refusal to credit an overpayment of healing period benefits toward due and owing permanent partial disability benefits. On appeal, claimant asserts that petitioner employer and its insurance carrier were not entitled to the credit under section 85.34, The Code. We affirm.

I.

Respondent Ardith...

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