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IN THE SUPREME COURT OF IOWA
No. 53 / 04-1830 Filed June 2, 2006 DONALD R. RETHAMEL, d/b/a DONALD R. RETHAMEL CONSTRUCTION, Appellant, vs. STEPHEN A. HAVEY, Appellee. ________________________________________________________________________ On appeal from the Iowa District Court for Polk County, Artis I. Reis, Judge.

Employer appeals from district court judgment under Iowa Code section 86.42 (2001). JUDGMENT REVERSED; CASE REMANDED.

D. Brian Scieszinski of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellant.

Robert S. Kinsey III and Kim R. Snitker of Brown, Kinsey, Funkhouser & Lander, P.L.C., Mason City, for appellee.

2 STREIT, Justice. Stephen Havey obtained an award of workers' compensation benefits from Donald R. Rethamel based on an injury suffered by Havey during his temporary employment with Rethamel. After the award was affirmed on judicial review, the district court allowed Havey to modify the commissioner's award through a motion for entry of judgment. Rethamel appealed; we reversed and remanded back to the district court with instructions to "enter judgment in conformity with the commissioner's award." On remand, the district court granted Havey's new motion to remand the case back to the commissioner for a limited evidentiary hearing. Because we find this is another improper attempt to modify an existing award through a motion for entry of judgment, we reverse the decision of the district court. I. Facts and Prior Proceedings Stephen Havey was injured on January 21, 1997, while working for Donald R. Rethamel Construction. Havey filed a workers'

compensation claim, and the commissioner entered the following award: That defendant shall pay claimant healing period benefits from January 21, 1997 to May 5, 1997, at the rate of two hundred sixty-eight and 06/100 dollars ($268.06). That defendant shall pay claimant fifty (50) weeks of permanent partial disability benefits at the rate of two hundred sixty-eight and 06/100 dollars ($268.06) to commence on May 6, 1997. That defendant shall pay the reasonable and necessary medical expenses as outlined in this decision. That all accrued benefits shall be paid in a lump sum. That defendant pay interest as provided by Iowa Code section 85.30. That defendant pay the costs of this action, pursuant to rule 876 IAC 4.33.

That defendant shall requested by the agency. (Emphasis added.)

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Rethamel appealed the decision, and the district

court and court of appeals affirmed the commissioner's decision. After the judicial review proceedings ended, Havey sought

enforcement of his award through an amended motion for judgment. See Iowa Code

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