City of Davenport v. Newcomb

The City of Davenport appeals from the district court’s ruling on judicial review, affirming the award of workers’ compensation benefits to former employee, Dick Newcomb. Newcomb cross-appeals the denial of penalty benefits under Iowa Code section 86.13 (2007). We affirm the agen*884cy’s refusal to take additional testimony from the City’s doctor at a follow-up hearing requested by the deputy commissioner to determine the credibility of the claimant and his wife. We also affirm the agency’s denial of penalty benefits as Newcomb’s claim was “fairly debatable.” We, however, reverse and remand as…