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TOOMEY v. SURGICAL SERVICES, P.C.

No. 95-1660.

558 N.W.2d 166 (1997)

Patrick Joseph TOOMEY, Appellee, v. SURGICAL SERVICES, P.C., and Neal N. Llewellyn, Appellees, United Fire & Casualty Co., Intervenor-Appellant.

Supreme Court of Iowa.

January 22, 1997.

Attorney(s) appearing for the Case

John M. Bickel and Diane H. Kutzko of Shuttleworth & Ingersoll, P.C., Cedar Rapids, for intervenor-appellant.

Tom Riley and Nestor Lobodiak of the Tom Riley Law Firm, P.C., Iowa City, for appellee Toomey.

James A. Gerk and Webb L. Wassmer of Simmons, Perrine, Albright & Ellwood, P.L.C., Cedar Rapids, for appellees Surgical Services and Llewellyn.

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

McGIVERIN, Chief Justice.

The question here is whether a workers' compensation carrier can validly assert an Iowa Code section 85.22(1) (1993) lien against any recovery an employee may obtain in a medical negligence action against the physician who treated the employee's injury. The district court ruled no such lien could be enforced. We agree and affirm. Accordingly, we also conclude that Iowa Code section 147.136, a provision...

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