Anthony Culpepper
v.
CNH Industrial America, LLC and Ace American Insurance Co.
Appellee
Anthony Culpepper
Appellant
CNH Industrial America, LLC and Ace American Insurance Co.
Attorney for the Appellee
Nicholas G. Pothitakis
Attorney for the Appellant
Timothy Wegman
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Lawrence P. McLellan, Judge. AFFIRMED. Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ. Opinion by Chicchelly, J. (9 pages)
An employer and its insurance carrier appeal the district court order reversing the workers’ compensation commissioner’s denial of an employee’s claims for benefits. OPINION HOLDS: Viewing the entire record before the agency, we agree with the district court’s conclusion that the agency’s causation finding is not supported by substantial evidence. We also agree that the agency erred by placing the burden on the employee to show he provided notice of his injury rather than requiring the defendants to prove lack of notice as an affirmative defense. We therefore affirm the judicial review ruling.
