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XENIA RURAL WATER DIST. v. VEGORS

No. 09-0426.

786 N.W.2d 250 (2010)

XENIA RURAL WATER DISTRICT and Emcasco Insurance Company, Appellees, v. Norman VEGORS, Appellant.

Supreme Court of Iowa.

July 23, 2010.

Attorney(s) appearing for the Case

Tom L. Drew of Drew Law Firm, P.C., Des Moines, and Kristin H. Johnson, Clive, for appellant.

Iris Post of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellee.

STREIT, Justice.

An employer claims it is not responsible for injuries sustained when a worker got hit by a truck driven by a fellow employee. The district court reversed the industrial commissioner's award of worker compensation benefits based on Iowa Code section 85.16(3) (2003), an affirmative defense for willful injury. We reverse the district court in part and remand the case to the industrial commissioner for a determination...

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