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Case No. 22-1894

Justin Loew
v.
Menard, Inc., and XL Insurance America

Petitioner in action for judicial review appeals a district court order affirming a decision by the Worker’s Compensation Commissioner denying petitioner benefits for work-related back injuries sustained in 2018 and 2019 because respondents had previously paid petitioner benefits for a 30% industrial disability for a back injury sustained in 2015. Petitioner contends the court erred in interpreting Iowa Code sections 85.34(2)(v) and 85.34(7), as amended in 2017, to uphold the Commissioner’s determination that the benefits to which petitioner would otherwise have been entitled for his 8% functional impairment rating resulting from the 2018-19 injuries were offset by the compensation respondents paid for the 2015 injury.

County:
Polk
Trial Court Case No.:
CVCV063592

Appellant

Justin Loew

Appellee

Menard, Inc., and XL Insurance America

Attorney for the Appellant

Paul Thune

Attorney for the Appellee

Kent Smith

Supreme Court

Oral Argument Schedule

Non-Oral

Nov 16, 2023 9:30 AM

Briefs

Supreme Court Opinion

Opinion Number:
22-1894
Date Published:
Feb 09, 2024

Other Information

Date Retained:
Mar 28, 2023
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