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Case No. 17-1545

Pella Corporation
v.
Diana G. Winn

Appellant

Pella Corporation

Appellee

Diana G. Winn

Attorney for the Appellant

David L. Jenkins

Attorney for the Appellee

Fredd J. Haas

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1545
Date Published:
Jan 09, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.  AFFIRMED.  Heard by Vogel, P.J., and Vaitheswaran and McDonald, JJ.  Opinion by Vogel, P.J.  (17 pages)

            Pella Corporation (Pella) appeals from the district court’s ruling affirming the decision of the Iowa workers’ compensation commissioner awarding benefits to Diana Winn.  Pella argues Winn’s petition for review-reopening was untimely and she was not entitled to permanent total disability benefits or penalty benefits.  OPINION HOLDS: We find the agency did not erroneously interpret the law, including our supreme court’s precedent; the review-reopening proceeding and the award of total permanent disability benefits have factual support; and the penalty benefits are authorized because Pella did not concurrently convey a reasonable basis to deny disability benefits.  Therefore, we affirm.

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