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Michael Hecht
v.
Highline Construction, Inc. and Western National Insurance Company
Appellant
Michael Hecht
Appellee
Highline Construction, Inc. and Western National Insurance Company
Attorney for the Appellant
Randall P. Schueller
Attorney for the Appellee
Matthew A. Grotnes
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Sarah Crane, Judge. AFFIRMED. Considered by Potterfield, P.J., and Doyle and Bower, JJ. Opinion by Potterfield, P.J. (8 pages)
Michael Hecht appeals from the district court’s ruling on judicial review affirming the Workers’ Compensation Commissioner’s denial of permanency and penalty benefits. Hecht maintains the commissioner erred when he granted the defendants’ untimely application to submit additional evidence. He argues his substantial rights were prejudiced when the commissioner then relied on the late-submitted evidence to modify the deputy commissioner’s ruling of 30% industrial disability and the assessment of penalty benefits to an award of no permanency or penalty benefits. OPINION HOLDS: We agree with the district court; the commissioner did not err in determining the twenty-day deadline of Iowa Administrative Code rule 876-4.28 could be extended upon a showing of good cause and did not abuse his discretion in finding Highline established good cause for the delay in these circumstances. We affirm.
