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Case No. 18-1002

Mek Baccam
v.
ACH Food Companies, a/k/a Tones and Secura Insurance Company

Appellant

Mek Baccam

Appellee

ACH Food Companies, a/k/a Tones and Secura Insurance Company

Attorneys for Appellant

Mark S. Soldat

Attorneys for Appellee

Patrick V. Waldron and Michael S. Jones

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1002
Date Published:
Mar 06, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Paul R. Huscher, Judge.  AFFIRMED IN PART AND REVERSED IN PART.  Heard by Doyle, P.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J.  (17 pages)

            An injured worker appeals the district court’s judicial review decision in his workers’ compensation case.  OPINION HOLDS: We find substantial evidence supports the award of permanent-partial-disability (PPD) benefits.  We agree with the appeal deputy’s interpretation and application of Iowa Code section 86.13 (2013) in determining penalty benefits.  We find no abuse of discretion in the allocation of costs.  Therefore, we affirm those parts of the district court judgment that affirm the commissioner’s ruling on Baccam’s PPD benefits and taxation of transcript costs.  We reverse that part of the district court judgment remanding the case to the workers’ compensation commissioner with directions.  Costs on appeal are taxed to Baccam.

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