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Case No. 18-2017

For summaries from opinions prior to August, 2018, view PDF versions here

Michael Hecht
v.
Highline Construction, Inc. and Western National Insurance Company

Appellant

Michael Hecht

Appellee

Highline Construction, Inc. and Western National Insurance Company

Attorneys for Appellant

Randall P. Schueller

Attorneys for Appellee

Matthew A. Grotnes

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-2017
Date Published:
Sep 11, 2019
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.

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