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ACUITY INS. v. FOREMAN

No. 02-1350.

684 N.W.2d 212 (2004)

ACUITY INSURANCE, f/k/a Heritage Mutual Insurance Company, and Foreman Electric & Hardware, Appellants, v. Darrell FOREMAN, Appellee.

Supreme Court of Iowa.

July 21, 2004.

Attorney(s) appearing for the Case

Joseph A. Quinn of Nyemaster, Goode, Voigts, West, Hansell & O'Brien, P.C., Des Moines, for appellants.

Steven C. Jayne, Des Moines, for appellee.

TERNUS, Justice.

The Iowa workers' compensation commissioner awarded the appellee, Darrell Foreman, permanent and total disability benefits in this review-reopening proceeding. The district court affirmed the award on judicial review, but the court of appeals, in a split decision, reversed. The court of appeals held that while there was substantial evidence to support a finding that Foreman's industrial disability had increased since the original award of benefits...

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