City of Maxwell and Emcasco Insurance Company
v.
Dennis M. Marshall
Appellee
City of Maxwell and Emcasco Insurance Company
Appellant
Dennis M. Marshall
Attorney for the Appellee
D. Brian Scieszinski
Attorneys for the Appellant
Mark S. Soldat
Robert A. Nading
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Heather L. Lauber, Judge. AFFIRMED ON BOTH APPEALS. Heard by Bower, C.J., and Vaitheswaran and Schumacher, JJ. Opinion by Schumacher, J. (13 pages)
Dennis Marshall appeals the district court’s ruling on judicial review affirming the workers’ compensation commissioner’s denial of his request for penalty benefits. The City of Maxwell with its insurer, EMCASCO Insurance Company (together “the employer”), cross-appeals on the issues of healing period benefits and its request to present additional evidence during the judicial review proceedings. OPINION HOLDS: Because the employer did not pay Marshall’s healing period benefits late, he is not entitled to penalty benefits. There is substantial evidence in the record to support the commissioner’s determination of the time period for Marshall’s receipt of healing period benefits. The district court did not abuse its discretion in denying the employer’s request to remand the case to the commissioner for the presentation of additional evidence. We affirm the district court’s decision affirming the commissioner’s rulings on the issues raised in the appeal and the cross-appeal.