Rubendall v. BROGAN CONSTRUCTION COMPANY

Claimant, appellee, as a surviving spouse, seeks death benefits as provided by chapter 85, Code of Iowa. Upon a hearing the deputy commissioner found that injuries from which decedent died did not “arise out of and in the course of his employment” and denied relief. The commissioner on review sustained this finding. The district court on appeal, Hon. William P. Butler presiding, reversed and remanded with directions “for further proceedings in harmony with this decree.” The commissioner, upon remand, again evaluated the record, no new testimony being offered, and found the injury “did not…