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Split Court Says Worker's Late-Filed Evidence Shouldn't Have Been Excluded

Friday, March 31, 2023 | 0

A divided Iowa Court of Appeals upheld a finding that the workers’ compensation commissioner committed an abuse of discretion in excluding evidence simply because it was not timely submitted. Case: Hagen v. Serta/National Bedding Co., No. 22-0684, 03/29/2023, published. Facts: Lorri Hagen worked for Serta/National Bedding Co. She suffered an injury to her foot at work in February 2017. Procedural history: Hagen filed a petition for workers’ compensation benefits, and a hearing was scheduled for September 2020. The hearing assignment order set deadlines for discovery, along...

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