Dee A. Delaney
v.
Second Injury Fund of Iowa
Petitioner appealed from a district court ruling on judicial review which affirmed the worker’s compensation commissioner’s denial of her claim for Second Injury Fund benefits. Petitioner contended the court erred by (1) determining her second injury was a whole-body injury and not a qualifying injury to her right lower extremity; and (2) failing to allow her claim even if the second injury extends to the whole body. The court of appeals reversed and remanded for further proceedings. Both parties seek further review.
Resister
Dee A. Delaney
Applicant
Second Injury Fund of Iowa
Attorney for the Resister
Nate Willems
Attorney for the Applicant
Jonathan D. Bergman
Supreme Court
Oral Argument Schedule
Non-Oral
Apr 10, 2024 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
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Summary
Appeal from the Iowa District Court for Polk County, Samantha Gronewald, Judge. REVERSED AND REMANDED WITH DIRECTIONS. Considered by Bower, C.J., and Ahlers and Chicchelly, JJ. Opinion by Bower, C.J. (7 pages)
Dee Delaney appeals the district court’s judicial review ruling upholding the agency’s denial of her claim for Second Injury Fund benefits based on a finding she had not proved a qualifying second injury. OPINION HOLDS: Because the district court and the agency rulings are based on an erroneous statutory interpretation, we reverse and remand with directions.