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Shane A. Schoenberger
v.
Acuity, A Mutual Insurance Company and Zephyr Aluminum Products
Appellant
Shane A. Schoenberger
Appellee
Acuity, A Mutual Insurance Company and Zephyr Aluminum Products
Attorneys for the Appellant
Thomas M. Wertz
Mindi M. Vervaecke
Attorney for the Appellee
Stephanie L. Marett
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, David Nelmark, Judge. REVERSED AND REMANDED. Considered by Vaitheswaran, P.J., and Greer and Chicchelly, JJ. Opinion by Chicchelly, J. Dissent by Greer, J. (10 pages)
This appeal concerns the narrow question of error preservation in the administrative law context. Shane Schoenberger contends the district court erred in finding he did not preserve error on the issue of whether he was entitled to industrial disability benefits for a combined shoulder and arm injury. OPINION HOLDS: Upon our review of the proceedings before the Iowa Division of Workers’ Compensation, we find the issue was preserved. Accordingly, we reverse and remand to the agency for adjudication on the merits of this issue. DISSENT ASSERTS: Given our deference to the agency, I would affirm the commissioner’s ruling over the compensation for the work-related shoulder injury.
