Roger Blasdell
v.
Linnhaven, Inc. and Accident Fund National Insurance Company/United Heartland
Respondents appealed from a district court ruling on judicial review reversing a determination by the deputy workers’ compensation commissioner that petitioner was not entitled to workers’ compensation benefits for the death of his spouse. Respondents contend the court erred by failing to affirm the deputy commissioner’s determination petitioner was not a dependent entitled to benefits because he had willfully deserted his spouse prior to her work-related injury. See Iowa Code § 85.42(1)(a)(2021). The court of appeals affirmed the district court’s ruling. Respondents seek further review.
Resister
Roger Blasdell
Applicant
Linnhaven, Inc. and Accident Fund National Insurance Company/United Heartland
Attorneys for the Resister
Thomas M. Wertz
Mindi M. Vervaecke
Attorney for the Applicant
Laura Ostrander
Supreme Court
Oral Argument Schedule
Non-Oral
Jan 19, 2023 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge. AFFIRMED. Heard by Bower, C.J., and Schumacher and Ahlers, JJ. Opinion by Schumacher, J. (12 pages)
Linnhaven, Inc. and its insurer, Accident Fund National Insurance Company/United Heartland, appeal from a district court ruling that reversed the decision of the workers’ compensation commissioner and found Roger Blasdell was not barred from receiving workers’ compensation benefits for the death of his wife, Heather Blasdell. OPINION HOLDS: We conclude the commissioner’s decision that Roger deserted Heather without the fault of Heather was not supported by substantial evidence within the meaning of Iowa Code section 85.42(1)(a) (2017). We affirm the decision of the district court.