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BERTRAND v. SIOUX CITY GRAIN EXCHANGE

No. 86-1400.

419 N.W.2d 402 (1988)

Mary BERTRAND, As Surviving Spouse and Administrator of the Estate of Norbert J. Bertrand, Deceased, Appellant, v. SIOUX CITY GRAIN EXCHANGE and St. Paul Companies, Appellees.

Supreme Court of Iowa.

Rehearing Denied March 11, 1988.

Attorney(s) appearing for the Case

Harry H. Smith and MacDonald Smith of Smith & Smith, Sioux City, for appellant.

Frank T. Harrison of Hopkins & Huebner, P.C., Des Moines, for appellees.

Considered by SCHULTZ, P.J., and LAVORATO, NEUMAN, SNELL and ANDREASEN, JJ.

SCHULTZ, Presiding Justice.

This appeal is from an action for judicial review. The issue involves the extent to which workers' compensation benefits may be reduced by recovery in a third-party wrongful death action. The Iowa Industrial Commissioner (commissioner) ruled that an employer and its workers' compensation carrier (employer) are entitled to a credit on benefits owed to a deceased employee's spouse to the full extent of the wrongful death recovery, even though...

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