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SECOND INJURY FUND v. NEELANS

No. 88-399.

436 N.W.2d 355 (1989)

SECOND INJURY FUND, Appellee, v. Gary Lee NEELANS, Appellant, and John Deere Component Works, Appellee.

Supreme Court of Iowa.

Rehearing Denied March 16, 1989.

Attorney(s) appearing for the Case

Gregory T. Racette of Hopkins & Huebner, P.C., Des Moines, for appellant.

Thomas J. Miller, Atty. Gen., and Charles S. Lavorato, for appellee Second Injury Fund.

Considered by McGIVERIN, C.J., and LARSON, SCHULTZ, CARTER and ANDREASEN, JJ.

LARSON, Justice.

This case turns on the interpretation of our Second Injury Compensation Act, Iowa Code §§ 85.63-.69 (1985). The issue is the extent of liability of an employer when a worker sustains a "scheduled" injury under Iowa Code section 85.34 and that injury has combined with an earlier scheduled injury to cause disability to the body as a whole. Is the present employer's liability for benefits limited to the scheduled benefits for the latest injury...

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