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CITY OF DAVENPORT v. NEWCOMB

No. 11-1035.

820 N.W.2d 882 (2012)

CITY OF DAVENPORT, Plaintiff-Appellant/Cross-Appellee, v. Dick L. NEWCOMB, Defendant-Appellee/Cross-Appellant.

Court of Appeals of Iowa.

April 11, 2012.

Attorney(s) appearing for the Case

Craig A. Levien , Peter J. Thill , and Amanda M. Richards of Betty, Neuman & McMahon, P.L.C., Davenport, for appellant/cross-appellee.

Elliott R. McDonald III of McDonald, Woodward & Carlson, P.C., Davenport, for appellee/cross-appellant.

Heard by VOGEL, P.J., and POTTERFIELD and DOYLE, JJ.

VOGEL, P.J.

The City of Davenport appeals from the district court's ruling on judicial review, affirming the award of workers' compensation benefits to former employee, Dick Newcomb. Newcomb cross-appeals the denial of penalty benefits under Iowa Code section 86.13 (2007). We affirm the agency's refusal to take additional testimony from the City's doctor at a follow-up hearing requested by the deputy commissioner to determine...

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