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Case No. 20-0742

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

Des Moines Public Schools and EMC Risk Services, LLC-TPA
v.
Thomas Hildreth (deceased) by Jane Hildreth (spouse)

Appellee

Des Moines Public Schools and EMC Risk Services, LLC-TPA

Appellant

Thomas Hildreth (deceased) by Jane Hildreth (spouse)

Attorney for the Appellee

Valerie Landis

Attorney for the Appellant

Jerry Jackson

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0742
Date Published:
Jun 16, 2021
Summary

            Appeal from the Iowa District Court for Polk County, David Porter, Judge.  REVERSED.  Heard by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (16 pages)

            Jane Hildreth, on behalf of her deceased husband, Thomas Hildreth, appeals from the district court’s reversal of the workers’ compensation commissioner’s award of death benefits.  OPINION HOLDS: We find the district court erred in reversing the commissioner’s award and in determining the commissioner’s decision was unsupported by substantial evidence.  Substantial evidence exists in the record to support the commissioner’s decision.  Accordingly, we reverse the judgment entered by the district court and reinstate the commissioner’s decision.

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