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IRISH v. McCREARY SAW MILL

No. 53829.

175 N.W.2d 364 (1970)

William A. IRISH, Claimant, Appellee, v. McCREARY SAW MILL, Employer, Appellee, United Fire and Casualty Co., Insurance Carrier, Appellee, Harry W. Dahl, Industrial Commissioner, Appellant.

Supreme Court of Iowa.

March 10, 1970.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., and James R. Martin, Asst. Atty. Gen., for appellant.

Harry H. Smith, Sioux City, for claimant-appellee.

John J. Vizintos, Sioux City, for appellees.

REES, Justice.

This is an appeal in behalf of the Industrial Commissioner to determine whether an award of compensation may be made from the Second Injury Fund to an employee who has not been totally disabled and who has not totally lost nor lost the total use of a member listed in Section 85.64, Code, 1966. From the judgment of the trial court affirming the review decision of the commissioner and determining total disability is not a necessary requirement for a claimant...

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