Leslie Ann Harrod
v.
Advance Services, Inc. and Ace American Insurance Company
Appellant
Leslie Ann Harrod
Appellee
Advance Services, Inc. and Ace American Insurance Company
Attorney for the Appellant
Willis J. Hamilton
Attorney for the Appellee
Timothy W. Wegman and Alison E. Stewart
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Buena Vista County, Carl J. Petersen, Judge. AFFIRMED. Considered by Tabor, P.J., Greer, J., and Potterfield, S.J. Opinion by Potterfield, S.J. (10 pages)
Leslie Harrod appeals the district court order affirming the final decision of the Iowa Workers’ Compensation Commission in regard to her claim against her employer Advance Services, Inc. and its insurer Ace American Insurance Company. Harrod argues (1) the reviewing deputy’s decision to reduce the initial deputy commissioner’s forty percent industrial disability to twenty-five percent industrial disability was not supported by substantial evidence; (2) the reviewing deputy’s reversal of the deputy’s grant of alternative medical care was not supported by substantial evidence; and (3) the reviewing deputy erroneously reversed the deputy’s award of penalty benefits. OPINION HOLDS: Substantial evidence supported the reviewing deputy’s determination that Harrod suffered a twenty-five percent industrial disability from her injury. Harrod did not meet her burden to show she was entitled to alternative medical care or that appellees unreasonably delayed making payments to her.
