Hainey v. Protein Blenders, Inc.

HABHAB, Judge.

Protein Blenders, Inc. appeals the judicial review of the Industrial Commissioner’s decision in this worker’s compensation case. The appellant argues 1) the plaintiff, Marlin Hainey, did not raise the odd-lot doctrine during the hearing before the agency and, therefore, is precluded from doing so on appeal; 2) there existed substantial evidence to support the agency’s decision; and 3) the district court erred in remanding the case for additional evidence.

On April 5, 1982, Marlin Hainey was injured while employed by the appellant. Mr. Hainey filed a petition for review-reopening,…