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MERCY MEDICAL CENTER v. HEALY

No. 10-1912.

801 N.W.2d 865 (2011)

MERCY MEDICAL CENTER, Petitioner-Appellee, v. Shelley HEALY, Respondent-Appellant.

Court of Appeals of Iowa.

June 29, 2011.

Attorney(s) appearing for the Case

Mark J. Sullivan of Reynolds & Kenline, L.L.P., Dubuque, for appellant.

Lee P. Hook and Joseph M. Barron of Peddicord, Wharton, Spencer, Hook, Barron & Wegman, L.L.P., West Des Moines, for appellee.

Considered by EISENHAUER, P.J., and POTTERFIELD and TABOR, JJ.

POTTERFIELD, J.

This is an appeal of the district court's November 3, 2010 ruling on judicial review reversing the workers' compensation commissioner's calculation of weekly benefits. We agree with the workers' compensation commissioner's interpretation of Iowa Code section 85.56(6) (2009),1 and find his decision that the employee's customary weekly earnings were to be based on a thirty-five...

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