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Case No. 18-1629

Terry Tilton
v.
H.J. Heinz Company and Liberty Mutual Ins. Co.

Appellee

Terry Tilton

Appellant

H.J. Heinz Company and Liberty Mutual Ins. Co.

Attorney for the Appellee

Thomas W. Wertz and Matthew D. Dake

Attorney for the Appellant

Nathan R. McConkey

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1629
Date Published:
Jul 24, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Jeanie Vaudt, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Potterfield, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (10 pages)

            H.J. Heinz Company (Heinz) and its workers’ compensation insurance carrier appeal a district court ruling on Terry Tilton’s petition for judicial review of a determination of the workers’ compensation commissioner remanding the matter to the agency for further proceedings.  Heinz argues the district court erred in concluding the agency determination is unsupported by substantial evidence and was based upon an irrational, illogical, or wholly unjustifiable application of law to fact.  OPINION HOLDS: We find the agency determination that Tilton’s claim for benefits is barred by the application of Iowa Code section 85.23 (2015) was not the product of an irrational, illogical, or wholly unjustifiable application of law to fact.  We further find the agency determination of September 8, 2010 as the manifestation date is not supported by substantial evidence in the record.  We affirm in part and reverse in part the district court, and we remand the matter to the district court for the entry of an order to reverse the agency and remand for further proceedings consistent with this opinion.

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