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HAWK v. JIM HAWK CHEVROLET-BUICK, INC.

No. 62286.

282 N.W.2d 84 (1979)

Mary Jean HAWK, Appellee, v. JIM HAWK CHEVROLET-BUICK, INC., and Universal Underwriters Insurance Company, Appellants, and Iowa Industrial Commissioner, Respondent.

Supreme Court of Iowa.

Rehearing Denied August 24, 1979.

Attorney(s) appearing for the Case

Peter J. Peters, Council Bluffs, for appellants.

Verne Lawyer of Lawyer, Lawyer & Jackson, Des Moines, and Kenneth Sacks of Perkins, Sacks & Hannan, Council Bluffs, for appellee.

Considered en banc.

McGIVERIN, Justice.

Mary Jean Hawk claims workers' compensation death benefits based upon the injury and death of her husband, James Hawk II, on September 28, 1973 in a private airplane crash near the Council Bluffs airport. The main question in this appeal is whether commission of "an unusual and rash act" by an employee which results in injury causes that injury not to arise out of and in the course of the employment within the meaning of the workers' compensation...

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