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Case No. 21-0265

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

City of Harlan
v.
Jim Thygesen

Appellee

City of Harlan

Appellant

Jim Thygesen

Attorneys for Appellee

D. Brian Scieszinski

Attorneys for Appellant

Jason D. Neifert

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0265
Date Published:
Mar 30, 2022
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.

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