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GREGORY v. SECOND INJURY FUND OF IOWA

No. 07-1764.

777 N.W.2d 395 (2010)

Lori A. GREGORY, Appellant, v. SECOND INJURY FUND OF IOWA, Appellee.

Supreme Court of Iowa.

January 22, 2010.

Attorney(s) appearing for the Case

Corey J.L. Walker of Walker & Billingsley, Newton, for appellant.

Thomas J. Miller, Attorney General, and Greg Knoploh, Assistant Attorney General, Des Moines, for appellee.

HECHT, Justice.

In this appeal, we must decide whether the workers' compensation commissioner erred in concluding a claimant who sustained successive injuries in the course of her employment is not entitled to benefits from the Second Injury Fund (the Fund). The commissioner concluded the Fund owes nothing in this case under Iowa Code section 85.64 (2001) because the first injury sustained by the claimant, Lori Gregory (Gregory), resulted in surgeries and functional...

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