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Case Name Burton v. Hilltop Care Center
Date 05/04/2012
Note The Workers' Compensation Commission must determine if worker had been mistakenly overpaid or had intentionally been given a pay raise before determining the proper amount of wage-loss benefits.
Citation 09-1633
WCC Citation WCC 2202012 IA
JULIE K. BURTON, Appellant, v. HILLTOP CARE CENTER and IOWA LONG TERM CARE RISK MANAGEMENT ASSOCIATION, Appellees. Julie Burton (Burton) began working at Hilltop as a dietary supervisor in December of 2002. The district court reversed the commissioner's calculation of benefits based on the $1000 per month raise Hilltop actually paid Burton and instead used the $1000 per year figure Hilltop claimed was accurate. Burton received these bonuses even though Ferguson had to have "numerous discussions" with Burton about Burton's management style soon after Burton was hired. Appellees-cross-appellants Hilltop Care Center and the Iowa Long Term Care Risk Management Association will be referred to collectively as Hilltop.

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