Temple v. Vermeer Manufacturing Co.

REES, Justice.

This is an appeal by Melvin Temple from the denial of his claim for workers’ compensation. He contends the Industrial Commissioner (hereinafter commissioner) improperly excluded evidence submitted on appeal which had not been presented in the initial hearing before a deputy commissioner. The commissioner, relying upon an agency rule which requires a showing of “good reason” why such supplemental evidence had not been presented at the initial hearing before it could be considered on appeal, excluded the evidence and denied Temple’s claim. The district court affirmed, holding the…