Legal Opinion

Holmes v. Bruce Motor Freight, Inc.

Supreme Court of Iowa

Decided February 20, 1974No. 56158PublishedCited by 26 opinions

1Opinion of the Court

UHLENHOPP, Justice.

The question in this workmen’s compensation appeal is whether claimant established as a matter of law that a heart attack (myocardial infarct) arose out of and in the course of his employment. See Code 1973, § 85.3(1). A heart attack, if attributable to the employment, is a com-pensable “injury,” although the claimant already had latent heart disease. Littell v. Lagomarcino Grupe Co., 235 Iowa 523, 17 N.W.2d 120. The claimant has the burden of proving by a preponderance of the evidence that some employment incident or activity brought about the health impairment on which he…

2Cases cited9 opinions

  1. Musselman v. Central Telephone CompanySupreme Court of Iowa · 1967
  2. Bodish v. Fischer, Inc.Supreme Court of Iowa · 1965
  3. Langford v. Kellar Excavating & Grading, Inc.Supreme Court of Iowa · 1971
  4. Paveglio v. Firestone Tire and Rubber CompanySupreme Court of Iowa · 1969
  5. Burt v. John Deere Waterloo Tractor Works of Deere Mfg. Co.Supreme Court of Iowa · 1955

4 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Caldwell v. John Morrell & Co.South Dakota Supreme Court · 1992
  2. Norland v. Iowa Department of Job ServiceSupreme Court of Iowa · 1987
  3. Ward v. Iowa Department of TransportationSupreme Court of Iowa · 1981
  4. Sondag v. Ferris HardwareSupreme Court of Iowa · 1974
  5. Auxier v. Woodward State Hospital-SchoolSupreme Court of Iowa · 1978

21 more not listed; retrieve them via the Exa API.

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