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NIEMAN v. HEIL CO.

No. 90-986.

471 N.W.2d 790 (1991)

Jerry NIEMAN; Marian Nieman; and Marie Nieman and Joel Nieman by Their Mother and Next Friend, Marian Nieman, Appellees, v. The HEIL CO., Appellant.

Supreme Court of Iowa.

June 19, 1991.

Attorney(s) appearing for the Case

Burns H. Davison II, Des Moines, for appellant.

Theodore R. Hoglan of Fairall, Fairall, Kaplan, Hoglan, Condon & Klaessy, Marshalltown, for appellees.

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

PER CURIAM.

In May 1982 Jerry Nieman was injured when a trash compacting machine amputated a portion of his left foot. The injury occurred in the course of Nieman's employment.

Nieman initially filed a claim for workers' compensation benefits. His claim was settled for $46,086.66. As a part of the settlement, the employer and its insurance carrier waived any claims for subrogation in the event Nieman obtained damages from a third party. See Iowa Code...

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