Legal Opinion · Concurring in part, dissenting in part

David Lowell Evenson v. Winnebago Industries, Inc. and Sentry Insurance Company

Supreme Court of Iowa

Decided June 3, 2016No. 14–2097Published

1Concurring in part, dissenting in partMansfield, Justice

I join most of the court’s well-reasoned opinion, but differ as to when permanent partial disability benefits should begin.

I would affirm the commissioner’s determination that David Evenson “achieved maximum medical improvement [MMI] on November 29, 2011” and that permanent partial disability benefits should commence on November 30 of that year. In declining to uphold this determination, my colleagues overturn existing law which had prohibited claimants from receiving temporary partial disability benefits and permanent partial disability benefits for the same injury over the same time period.…

2Cases cited5 opinions

  1. Bell Bros. Heating & Air Conditioning v. GwinnSupreme Court of Iowa · 2010
  2. The Waldinger Corporation, Emcasco Insurance Company, and Second Injury Fund of Iowa v. Michael B. MettlerSupreme Court of Iowa · 2012
  3. Teel v. McCordSupreme Court of Iowa · 1986
  4. Ellingson v. Fleetguard, Inc.Supreme Court of Iowa · 1999
  5. Presthus v. Barco, Inc.Court of Appeals of Iowa · 1995

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