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Case No. 20-0027

Rukhsana Drahozal
v.
Envoy Air, Inc., d/b/a American Airlines Group and New Hampshire Insurance Company

Appellant

Rukhsana Drahozal

Appellee

Envoy Air, Inc., d/b/a American Airlines Group and New Hampshire Insurance Company

Attorneys for Appellant

Thomas Wertz

Attorneys for Appellee

Jean Z. Dickson and Lori N. Scardina Utsinger

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0027
Date Published:
Apr 28, 2021
Summary

            Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.  AFFIRMED ON APPEAL; AFFIRMED IN PART, REVERSED IN PART, AND REMANDED ON CROSS-APPEAL.  Heard by Bower, C.J., and Doyle and Mullins, JJ.  Opinion by Bower, C.J.  (18 pages)

            Rukhsana Drahozal appeals the district court’s ruling upholding the decision by the Iowa Workers’ Compensation Commissioner.  She seeks a finding of permanent total disability and additional penalty benefits.  Envoy Air, Inc., doing business as American Airlines Group, and its insurer New Hampshire Insurance Company cross-appeal the same ruling, claiming Drahozal only sustained scheduled injuries, did not establish an industrial disability, the commissioner should not have awarded penalty benefits, and Drahozal was not entitled to healing-period benefits.  OPINION HOLDS: We affirm the commissioner’s ruling on industrial disability and healing-period benefits.  We affirm in part and reverse in part the commissioner’s penalty-benefits ruling and remand to the district court with instructions.

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