Debra True
v.
Heritage Care and Rehabilitation and Cannon Cochran Management Services, Inc.
Appellant
Debra True
Appellee
Heritage Care and Rehabilitation and Cannon Cochran Management Services, Inc.
Attorney for the Appellant
Max Schott, Shannon Bravo, and James Neal
Attorney for the Appellee
Chris J. Scheldrup and Dillon J. Carpenter
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. Considered by Bower, C.J., and Greer and Ahlers, JJ. Opinion by Bower, C.J. (10 pages)
Debra True appeals the workers’ compensation commissioner’s interpretation of an administrative rule and finding she waived her claim to penalty benefits under the workers’ compensation act. OPINION HOLDS: We find True waived some of her penalty-benefit claims by failing to follow procedures as explained in an administrative rule, and we affirm in part the commissioner’s ruling. However, because some of the claims may have arisen after the initial hearing and ruling, we reverse and remand for the commissioner to consider her post-hearing penalty-benefit claim.
