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CEDAR RAPIDS COMMUNITY SCH. v. CADY

No. 61759.

278 N.W.2d 298 (1979)

CEDAR RAPIDS COMMUNITY SCHOOL and Bituminous Casualty Corporation, Appellants, v. Reginald DeWayne CADY, Deceased, Roberta Kay Cady, widow, and Iowa Industrial Commissioner, Appellees.

Supreme Court of Iowa.

Rehearing Denied May 24, 1979.

Attorney(s) appearing for the Case

John A. McClintock and William D. Scherle of Hansen, Wheatcraft & McClintock, Des Moines, for appellants.

William D. Martin of Fisher, Yarowsky, Martin, Ehrhart & Redmond, Cedar Rapids, for appellees.

Considered en banc.

McCORMICK, Justice.

Roberta Kay Cady claims workers' compensation death benefits based upon the killing of her husband Reginald DeWayne Cady by Graydon Caslavka on November 1, 1974. The main question in this appeal is one of first impression in Iowa. It is whether an injury sustained by an employee from an on-the-job assault by a deranged co-employee arises out of employment within the meaning of the workers' compensation law. The industrial commissioner and district...

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