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Case No. 21-1968

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

Blasdell v. Linnhaven, Inc.

Linnhaven, Inc., and Accident Fund National Insurance Company/United Heartland, Plaintiffs-Appellants

Roger Blasdell, surviving spouse of Heather Blasdell, Defendant-Appellee

Attorney for Appellants

Laura Ostrander

Attorneys for Appellee

Thomas Wertz

Mindi M. Vervaecke

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1968
Date Published:
Jul 20, 2022
Summary

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (12 pages)

            Linnhaven, Inc. and its insurer, Accident Fund National Insurance Company/United Heartland, appeal from a district court ruling that reversed the decision of the workers’ compensation commissioner and found Roger Blasdell was not barred from receiving workers’ compensation benefits for the death of his wife, Heather Blasdell.  OPINION HOLDS: We conclude the commissioner’s decision that Roger deserted Heather without the fault of Heather was not supported by substantial evidence within the meaning of Iowa Code section 85.42(1)(a) (2017).  We affirm the decision of the district court.

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