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MURILLO v. BLACKHAWK FOUNDRY

No. 96-184.

571 N.W.2d 16 (1997)

Jose MURILLO, Appellee, v. BLACKHAWK FOUNDRY and Sedgwick James, Appellants.

Supreme Court of Iowa.

November 26, 1997.

Attorney(s) appearing for the Case

Mark A. Woollums and Jean Dickson Feeney of Betty, Neuman & McMahon, L.L.P., Davenport, for appellants.

Daniel Bernstein of William J. Briebriesco & Associates, Bettendorf, for appellee.

Considered by HARRIS, P.J., and LARSON, CARTER, LAVORATO, and SNELL, JJ.

HARRIS, Justice.

We granted further review in this workers' compensation case in which the industrial commissioner awarded disability due to a work-related injury. A pivotal question is whether in fixing the extent of the employee's industrial disability the commissioner inappropriately relied on earnings from a substitute job provided to the employee after his injury prevented him from performing his regular job.

Petitioner Jose Murillo was injured while...

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