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Case No. 17-1629

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:
17-1629
Date Published:
Mar 06, 2019
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.

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