Supreme Court Holds That Married Couple's Separation Does Not Result in Spousal Desertion Under Section 85.42(1)(a)
Blasdell v Linnhaven, Inc. , No. 21-1968 (Iowa April 7, 2023) This case involves the question of whether a married couple who were separated resulted in spousal desertion under section 85.42(1)(a) of the Iowa Code. Claimant's wife had left the home in search of work elsewhere, and ultimately found work. The couple never lived together again, but remained in contact, supported each other financially and never sought a divorce. While working, claimant's wife suffered an injury resulting in permanent total disability. Claimant's wife subsequently died from an overdose of prescription medication and claimant sought death and burial expenses. The commissioner denied benefits, finding that claimant had willfully deserted his wife under 85.42(1)(a) without any fault by her. The District Court reversed, concluding that the decision of the commissioner was not supported by substantial evidence. The Court of Appeals affirmed the decision of the Dist...