Court of Appeals Affirms Denial of Death Benefits
In Moad v. Gary Jensen Trucking , No. 14-0164 (Iowa App. March 11, 2015), the Court of Appeals affirmed the agency's decision finding that claimant was not entitled to death benefits. Claimant died three months following a head on collision that occurred while he was driving for the employer. Claimant had been hospitalized with serious injuries following the collision. When he was released he complained of constant pain, swollen legs and poor appetite. He continued smoking despite doctor's instructions, and continued to be in pain, including pain when he attempted to take a deep breath. He was readmitted to the hospital, but discharged about a week later. Pain in the chest continued, and he ultimately had to be admitted to the hospital again with cardiac problems. While being airlifted to another hospital, claimant died, with the death certificate noting a massive pulmonary embolus. Claimant's treating physician indicated that he had died from eithe...