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SLADEK v. K MART CORP.

No. 91-1123.

493 N.W.2d 838 (1992)

Debra SLADEK, Appellant, v. K MART CORPORATION, Appellee.

Supreme Court of Iowa.

December 23, 1992.

Attorney(s) appearing for the Case

Thomas J. Currie of Tom Riley Law Firm, P.C., Cedar Rapids, for appellant.

Joel T.S. Greer of Cartwright, Druker & Ryden, Marshalltown, for appellee.

Considered by HARRIS, P.J., and CARTER, LAVORATO, NEUMAN, and SNELL, JJ.

HARRIS, Justice.

An Iowa statute, Iowa Code § 85.22 (1991),1 grants employers subrogation rights in tort recoveries obtained by their employees, to the extent the employees have been paid workers' compensation benefits for the same injuries. The injured employee here sought such a tort recovery, the proceeds of which would clearly have been subject to her employer's subrogation rights. The dispute arises because the facts vary in...

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