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SECOND INJURY FUND OF IOWA v. BRADEN

No. 89-1193.

459 N.W.2d 467 (1990)

SECOND INJURY FUND OF IOWA, Appellant, v. Duaine A. BRADEN, Appellee.

Supreme Court of Iowa.

Rehearing Denied September 19, 1990.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and Robert D. Wilson and Craig Kelinson, Asst. Attys. Gen., for appellant.

Harold B. Heslinga of Heslinga, Heslinga, Dixon & Grotewold, Oskaloosa, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, NEUMAN, and SNELL, JJ.

NEUMAN, Justice.

This is an appeal by the Second Injury Fund of Iowa (hereinafter "Fund") from a district court ruling that upheld an industrial commissioner's award of Second Injury Fund benefits for appellee Duaine A. Braden. Boiled down to its essence, the Fund's appeal asks this court to (1) rethink its prior decisions interpreting the Second Injury Fund statute, and (2) rule as a matter of law that Braden's testimony was not worthy of belief and reverse the commissioner...

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