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Case No. 19-0818

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

Debra True
v.
Heritage Care and Rehabilitation and Cannon Cochran Management Services, Inc.

Appellant

Debra True

Appellee

Heritage Care and Rehabilitation and Cannon Cochran Management Services, Inc.

Attorneys for Appellant

Max Schott, Shannon Bravo, and James Neal

Attorneys for Appellee

Chris J. Scheldrup and Dillon J. Carpenter

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0818
Date Published:
Apr 01, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Bower, C.J.  (10 pages)

            Debra True appeals the workers’ compensation commissioner’s interpretation of an administrative rule and finding she waived her claim to penalty benefits under the workers’ compensation act.  OPINION HOLDS: We find True waived some of her penalty-benefit claims by failing to follow procedures as explained in an administrative rule, and we affirm in part the commissioner’s ruling.  However, because some of the claims may have arisen after the initial hearing and ruling, we reverse and remand for the commissioner to consider her post-hearing penalty-benefit claim.

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