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Laws-info.com » Cases » Iowa » Court of Appeals » 2009 » CAROL ANN TEAGUE , P etitioner - Appellant, vs. DRAKE UNIVERSITY and EMPLOYERS MUTUAL CASUALTY COMPANY , Respondents - Appellees.
CAROL ANN TEAGUE , P etitioner - Appellant, vs. DRAKE UNIVERSITY and EMPLOYERS MUTUAL CASUALTY COMPANY , Respondents - Appellees.
State: Iowa
Court: Court of Appeals
Docket No: No. 9 - 068 / 08 - 1327
Case Date: 03/11/2009
Preview:IN THE COURT OF APPEALS OF IOWA No. 9-068 / 08-1327 Filed March 11, 2009

CAROL ANN TEAGUE, Petitioner-Appellant, vs. DRAKE UNIVERSITY and EMPLOYERS MUTUAL CASUALTY COMPANY, Respondents-Appellees. ________________________________________________________________ Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.

Carol Teague appeals from the district court's ruling on judicial review affirming the decision of the workers' compensation commissioner denying her benefits. AFFIRMED.

Thomas J. Reilly of Thomas J. Reilly Law Firm, P.C., Des Moines, for appellant. David L. Jenkins of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellees.

Considered by Mahan, P.J., and Miller and Doyle, JJ.

2 MAHAN, P.J. Carol Ann Teague initiated this action, seeking workers' compensation benefits for alleged injuries sustained while employed at Drake University from November 1991 through June 2003. Teague began receiving long-term disability benefits in 2003. Drake denied Teague had sustained a work-related injury for which she was entitled to workers' compensation benefits. The workers' compensation commissioner found Teague had not met her burden of establishing that she had suffered a permanent injury which arose out of and in the course of her employment at Drake. The commissioner found the opinions of Teague's medical experts (Drs. David Berg, Doug Layton and M.S. Iqbal) unconvincing, relying instead upon the opinions of Drs. Joseph Gilg and John Kuhnlein, who concluded Teague's underlying physical conditions were not caused by her employment at Drake. On judicial review, Teague argued the opinions of her experts should have prevailed. The district court determined the commissioner's findings were

supported by substantial evidence and affirmed. Teague appeals. The outcome of this appeal is dictated by our scope of review, which is governed by the Iowa Administrative Procedure Act, chapter 17A of the 2007 Iowa Code. Iowa Code
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