LESLIE SNYDER, Claimant
v.
MICHELS CORP., Employer
and
ARCH INSURANCE CO., Insurance Carrier, Defendants.
No. 5058331
Iowa Workers Compensation
Before the Iowa Workers' Compensation Commissioner
February 24, 2020
ORDER NUNC PRO TUNC
JAMES
F. CHRISTENSON DEPUTY WORKERS’ COMPENSATION
COMMISSIONER
Claimant
filed a motion for order nunc pro tunc. Defendants have not
yet filed a resistance. The motion is considered.
The
phrase, “nunc pro tunc” means “now for
then.” See: Black’s Law Dictionary, 1218
(rev. 4th ed. 1968). The definition in Black’s Law
Dictionary further provides: A phrase applied to acts allowed
to be done after the time when they should be done, with a
retroactive effect, i.e. with the same effect as if regularly
done. Black’s at 1218.
A nunc
pro tunc order “is not for the purpose of correcting
judicial thinking, a judicial conclusion, or a mistake of
law.” Headley v. Headley, 172 N.W.2d 104, 108
(Iowa 1969). The nunc pro tunc order can be employed to
correct obvious errors or to make an order conform to the
judge’s original intent. Graber v. Iowa District
Court for Washington County, 410 N.W.2d 224, 229 (Iowa
1987). Brinson v. Spee Dee Delivery Service, No.
8-754/06-2074 (Iowa App. 2008). “[T]he intent of the
trial judge is crucial to the determination of whether a nunc
pro tunc order is appropriate to ‘correct’ a
record.” Freeman v. Ernst & Young, 541
N.W.2d 890, 893 (Iowa 1995), citing McVay v. Kenneth E.
Montz Implement Co., 287 N.W.2d 149, 151 (Iowa 1980).
I am
not entirely sure an order nunc pro tunc is the proper order
in this case, as it appears claimant seeks clarification of
the February 14, 2020 decision in this case. However, this
will be treated as an order nunc pro tunc.
Claimant
seeks an order requiring defendants to pay bills itemized in
Exhibits 9 and 10. The arbitration decision found defendants
liable for charges related to claimant’s treatment for
the November 10, 2016 and December 4, 2016 dates of injury.
Defendants were not specifically required to pay charges
detailed in Exhibits 9 and 10.
Claimant...
