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SECOND INJURY FUND OF IOWA v. KLEBS

No. 94-1248.

539 N.W.2d 178 (1995)

SECOND INJURY FUND OF IOWA, Appellee, v. Jan KLEBS, Appellant, Johnsrud Transport, Inc., and Great West Casualty, Respondents.

Supreme Court of Iowa.

October 25, 1995.

Attorney(s) appearing for the Case

Thomas P. Lenihan, Des Moines, for appellant.

Thomas J. Miller, Attorney General, and Joanne Moeller, Assistant Attorney General, for appellee.

Considered by HARRIS, P.J., and CARTER, NEUMAN, SNELL, and TERNUS, JJ.

SNELL, Justice.

Petitioner, Second Injury Fund of Iowa, appeals from the district court's reversal of the Industrial Commissioner's determination of respondent's workers' compensation rate. We reverse the decision of the district court and affirm the decision of the Commissioner.

I. Factual and Procedural Background

Appellant, Jan Klebs, incurred a first injury to his knee on April 18, 1986 when he overturned a semi he was driving for his then employer...

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