Ward v. Iowa Department of Transportation

HARRIS, Justice.

Sitting on judicial review of agency action the district court affirmed the industrial commissioner’s denial of death benefits. On petitioner’s appeal to us we also affirm.

Lloyd R. Ward, the petitioner’s decedent, was an employee of Iowa’s department of transportation. On May 20, 1975, he was engaged on a highway crew and responsible for cleaning debris from concrete. This accumulation was created by a concrete saw which was used to cut expansion joints in the highway.

Ward’s shovel became caught in the saw and twisted so that he was knocked to the ground. Ward avoided the…