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City of Harlan
v.
Jim Thygesen
Appellee
City of Harlan
Appellant
Jim Thygesen
Attorney for the Appellee
D. Brian Scieszinski
Attorney for the Appellant
Jason D. Neifert
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Heather Lauber, Judge. AFFIRMED. Heard by Bower, C.J., and Vaitheswaran and Chicchelly, JJ. Opinion by Vaitheswaran, J. (7 pages)
Jim Thygesen appeals the district court’s ruling on judicial review reversing the decision of the Iowa Workers’ Compensation Commissioner awarding compensation benefits. Thygesen contends the district court erred in “reaching different factual conclusions than the commissioner with respect to the date of injury and date of discovery” of his hearing loss and tinnitus. OPINION HOLDS: Substantial evidence supported the findings that Thygesen’s injury manifested a decade before he filed his claim and Thygesen knew the injury was work related. As the district court concluded, the agency’s contrary determination required reversal.