McSPADDEN v. BIG BEN COAL CO.

No. 63537.

288 N.W.2d 181 (1980)

Percy G. McSPADDEN, Appellant, v. BIG BEN COAL COMPANY, Old Republic Insurance Company, and Iowa Industrial Commissioner, Appellees.

Supreme Court of Iowa.

January 23, 1980.


Attorney(s) appearing for the Case

John A. Jarvis, Chariton, for appellant.

Merlin A. Steger of Adler, Brennan, Joyce & Steger, Des Moines, for appellees Big Ben Coal Company and Old Republic Insurance Company.

Considered by REYNOLDSON, C. J., and LeGRAND, McCORMICK, ALLBEE, and LARSON, JJ.


ALLBEE, Justice.

Percy G. McSpadden appeals the judgment of the district court, affirming the denial by the industrial commissioner of workers' compensation benefits. He claims to have suffered deleterious effects from inhaling coal dust and toxic gases while working underground in coal mines for many years.

On May 26, 1977, McSpadden filed his petition for arbitration with the industrial commissioner, claiming permanent and total disability against Big Ben...

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