Stines v. Farmers Lumber & Supply Co.

An award made by tbe Deputy Industrial Commissioner and affirmed by tbe Industrial Commissioner has been reversed by tbe trial court. Tbe Commissioner and Deputy held tbe rate of compensation should be $16.92 under subsection 3 of section 85.36, Code of Iowa, 1954. The trial court held the proper rate is $32 under subsection 5 of section 85.36. We agree with the trial court.

The claimant is the dependent widow of Everett L. Stines, deceased. Stines received injuries arising out of and in the course of his employment resulting in his death. He was employed by employer-appellant as a handy man,…