Denial of Benefits Affirmed Premised on Substantial Evidence
Dillavou v. Plastic Injection Molders, Inc. , No. 13-1359 (Iowa App. Aug. 27, 2014) is an affirmance of the commissioner's decision denying claimant benefits. The case arose out of a closely held work environment in which claimant was the wife of a co-owner of the business, which was also co-owned by her brother. The injury occurred when claimant's brother struck his shoulder against hers, causing her to fall to the ground, resulting in injuries to her knee and shoulder. Claimant and her husband contacted the county attorney about this incident, insisted on bringing charges (of which the brother was acquitted) and bringing a civil action against the brother for an intentional tort. A workers' compensation case was filed, and defendants argued that under section 85.16(3), the actions of the brother were a willful act of a third party directed against the employee for reasons personal to such employee. As the court notes, this section of the Code is an absolute defense