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Case No. 23-0182

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.

County:
Polk
Trial Court Case No.:
CVCV064110

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:
23-0182
Date Published:
May 10, 2024

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0182
Date Published:
Oct 25, 2023
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.

Other Information

Date Further Review is Granted:
Jan 22, 2024
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