When the commutation is ordered, the workers’ compensation commissioner shall fix the
lump sum to be paid at an amount which will equal the total sum of the probable future
payments capitalized at their present value and upon the basis of interest at the rate provided
in section 535.3 for court judgments and decrees. Upon the payment of such amount, the
employer shall be discharged from all further liability on account of the injury or death, and be
entitled to a duly executed release. Upon the filing of the release, the liability of the employer
under any agreement, award, finding, or judgment shall be discharged of record.
[S13, §2477-m14; C24, 27, 31, 35, 39, §1407; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§85.47; 82 Acts, ch 1161, §16]
98 Acts, ch 1061, §11; 2018 Acts, ch 1026, §30
\n
Notes of Decisions
Dameron v. Neumann Bros., Inc., 339 N.W.2d 160 (Iowa 1983).
· cites it 2× “Iowa Code §§ 85.47 , 535.3 (1983).] Consequently Dameron was able to show that the combination of commutation and a conservatorship would considerably improve his financial condition while also bringing an order to his financial affairs which previously had been lacking.”
Scheel v. Superior Mfg. Co., 89 N.W.2d 377 (Iowa 1958).
· cites it 2× “Section 85.47 provides that when commutation is ordered, upon payment of the required amount, “the employer shall be discharged from all further liability on account of such injury or death, and be entitled to a duly executed release, upon filing which the liability of such…”
Diamond v. Parsons Co., 129 N.W.2d 608 (Iowa 1964).
· cites it 4× “Section 85.47 provides for full commutation and requires the court to fix a lump sum “which will equal the total sum of the probable future payments capitalized at their present value * * *.”
Moose v. Rich, 253 N.W.2d 565 (Iowa 1977).
“Obviously, a release of the employer executed in accordance with the mandate of § 85.47, The Code, cannot operate to bar recovery from parties except as provided by chapter 85.”
Sidles Distrib. Co. v. Heath, 366 N.W.2d 1 (Iowa 1985).
· cites it 2× “The commissioner’s calculations in the present case employed a discount interest factor of ten percent in accordance with the provisions of section 85.47. While respondent urged in the district court that a five percent discount factor should have been employed because that was…”
McKee v. Second Injury Fund of Iowa, 378 N.W.2d 920 (Iowa 1985).
· cites it 2× “Section 85.47 provides: When the commutation is ordered, the industrial commissioner shall fix the lump sum to be paid at an amount which will equal the total sum of the probable future payments capitalized at their present value and upon the basis of interest, calculated at…”
McCollough v. Campbell Mill & Lumber Co., 406 N.W.2d 812 (Iowa Ct. App. 1987).
· cites it 2× “Iowa Code section 85.47 (1985) addresses the commutation of workers compensation benefits: Basis of commutation.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.