WESTERN INTERN. v. KIRKPATRICK

No. 86-1061.

396 N.W.2d 359 (1986)

WESTERN INTERNATIONAL and National Union Fire Insurance Co., Appellants, v. Elizabeth E. KIRKPATRICK, Appellee.

Supreme Court of Iowa.

As Amended November 25, 1986.


Attorney(s) appearing for the Case

Sara Sersland of Nyemaster, Goode, McLaughlin, Emery & O'Brien, P.C., Des Moines, for appellants.

Harry W. Dahl III, Des Moines, for appellee.

Ray Sullins, Des Moines, for amicus curiae Iowa Small Business Employers, Workers' Compensation Group.

Thomas J. Miller, Atty. Gen., and Elizabeth M. Osenbaugh, Deputy Atty. Gen., for amicus curiae Attorney General of Iowa.

Arthur C. Hedburg, Jr., Des Moines, for amicus curiae Iowa Federation of Labor, AFL-CIO.

Dan L. Dudley of Murray, Davoren & Dudley, Des Moines, and Ann M. Ver Heul, Des Moines, for amicus curiae Donald Avenson, Speaker of the Iowa House, C.W. (Bill) Hutchins, Senate Majority Leader, and Calvin O. Hultman, Senate Minority Leader of the 71st General Assembly.

James E. Thorn, Council Bluffs, and Dennis L. Eaton, Des Moines, for amicus curiae Iowa Workers' Compensation Advisory Committee.

Considered en banc.


McGIVERIN, Justice.

Does recently enacted legislation providing for appeal in workers' compensation cases from the industrial commissioner's decision directly to this court violate certain provisions of the Iowa Constitution? We conclude that it does.

The issue necessarily was raised by a motion filed in this court by petitioners Western International and National Union Fire Insurance Co. The motion requested that...

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