ANNETT v. PEPPLE-Allowed Enforcement of A Judgment From a Worker’s Compensation Award

On October 17, 2012, the Iowa Court of Appeals issued the decision of Annette v. Pepple which allowed the enforcement of a judgment from a Worker’s Compensation award. The Industrial Commissioner had awarded Mr. Pepple, represented by the Beattie Law Firm, a substantial award of 60% industrial disability for a work-related injury. Annett refused to pay the judgment and appealed the award to Iowa District Court. Ryan Beattie, representing Mr. Pepple, asked the District Court to enter judgment in order to start garnishment proceedings against Annett to collect the award.

Over Annett’s objection, the Iowa District Court did enter judgment. Annett appealed to the Iowa Court of Appeals and posted a bond to prevent enforcement until the appellate court decided. In a Worker’s Compensation proceeding in order to be allowed to enforce a judgment while it is in the appeal process, the injured worker must establish a likelihood of being successful before the appellate court. In the case of Mr. Pepple, the Court of Appeals decided that Mr. Pepple would have a substantial likelihood that the Appeals Court would in fact confirm the decision of the Deputy who gave the award and thereby ordered the District Court to enter judgment in favor of Mr. Pepple so that he can collect his award even when it is being appealed.

Annette v. Pepple which allows enforcement of judgment from a Worker’s Compensation award is a victory for workers rights. If you have questions concerning employee workers’ compensation rights in Iowa, please give us a call at (515)263-1000.