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IOWA EROSION CONTROL, INC. v. SANCHEZ

No. 98-83.

599 N.W.2d 711 (1999)

IOWA EROSION CONTROL, INC. and Liberty Mutual Insurance Co., Appellants, v. Victoria Carreon SANCHEZ, Appellee.

Supreme Court of Iowa.

September 9, 1999.

Attorney(s) appearing for the Case

Joseph S. Cortese II of Huber, Book, Cortese, Happe & Brown, P.L.C., Des Moines, for appellants.

Bruce H. Stoltze of Brick, Gentry, Bowers, Swartz, Stoltze, Schuling & Levis, P.C., Des Moines, for appellee.

Considered by McGIVERIN, C.J., and LARSON, NEUMAN, SNELL, and CADY, JJ.

NEUMAN, Justice.

Victoria Carreon Sanchez sought workers' compensation survivor's benefits after her thirty-year-old son, Juan Sanchez, was killed in the course of his employment with Iowa Erosion Control, Inc. The employer1 resisted payment on the ground Mrs. Sanchez was neither wholly dependent on her son at the time of his death nor "incapacitated from earning" as that phrase is used in Iowa Code section 85.44 (1995). The industrial...

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