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Case No. 19-0169

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

Attorneys for Appellant

Willis J. Hamilton

Attorneys for Appellee

Timothy W. Wegman and Alison E. Stewart

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0169
Date Published:
Jan 23, 2020
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. 

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