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AHLERS v. EMCASCO INS. CO.

No. 95-504.

548 N.W.2d 892 (1996)

Thereasa AHLERS, Appellee, v. EMCASCO INSURANCE COMPANY, Appellant, and Stephen Fosdick, Defendant.

Supreme Court of Iowa.

Rehearing Denied July 26, 1996.

Attorney(s) appearing for the Case

Jill M. Augustine, Des Moines, and Steve E. Ort, New London, for appellant.

Patricia Zamora of Zamora, Taylor & Walters, Davenport, for appellee.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, NEUMAN, and ANDREASEN, JJ.

CARTER, Justice.

This dispute concerns whether a workers' compensation insurance carrier that is entitled to be indemnified from a third-party recovery by an injured employee must pay a one-third contingent fee claim of the employee's attorney for the latter's efforts in obtaining a settlement for a sum less than the workers' compensation lien. The plaintiff, Thereasa Ahlers, received approximately $35,000 in workers' compensation...

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