Lynch Livestock, Inc. and Nationwide Agribusiness Ins. Co.
v.
Kenneth Bursell
Appellant
Lynch Livestock, Inc. and Nationwide Agribusiness Ins. Co.
Appellee
Kenneth Bursell
Attorney for the Appellant
Jeffrey W. Lanz
Attorney for the Appellee
Robert M. Livingston and Rick D. Crowl
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge. REVERSED AND REMANDED WITH INSTRUCTIONS. Heard by Vogel, C.J., and Vaitheswaran and McDonald, JJ. Opinion by McDonald, J. (12 pages)
Lynch Livestock appeals a district court order affirming a final agency action in a workers’ compensation proceeding. OPINION HOLDS: Kenneth Bursell failed to preserve the issue of whether substantial evidence supported the agency finding that Bursell’s unauthorized treatment was “reasonable and beneficial.” The district court erred in concluding Lynch Livestock should bear responsibility for Bursell’s medical payments.