Iowa

Iowa: Husband Eligible for Work Comp Benefits Despite Separation

Published

2 years ago

April 11, 2023

Iowa: Husband Eligible for Work Comp Benefits Despite Separation

The husband of a deceased employee isn’t ineligible for employees’ compensation demise advantages merely as a result of he now not lived along with his spouse when she died, a divided Iowa Supreme Courtroom dominated Friday.

In a 4-2 choice, the excessive courtroom affirmed rulings by each the Polk County District Courtroom and the state Courtroom of Appeals that discovered Roger Blasdell was entitled to demise advantages if additional proceedings decide his spouse’s demise resulted from a office accident. A deputy commissioner had decided Blasdell was not entitled to advantages as a result of he had “willfully abandoned” his spouse Heather earlier than she was injured.

The excessive courtroom peered again deep into historical past, citing a 1919 courtroom choice and quoting one of many Federalist Papers to help its discovering that Roger and Heather Blasdell’s relationship was a wedding even when was unconventional.

The bulk mentioned the couple’s separation didn’t essentially imply their marriage was illegitimate.

“Though Roger engaged in a romantic relationship with one other lady throughout this time, there isn’t a exception beneath the statute precluding a surviving partner from receiving employees’ compensation advantages for adultery,” the bulk opinion says, citing an Iowa statute. “Neither is it inside our authority to create such an exception.”

Heather Blasdell injured her proper heel in November 2012 whereas working as a caregiver for Linnhaven Inc. in Cedar Rapids, Iowa. A deputy employees’ compensation commissioner decided that she was completely and completely disabled because of the damage together with a extra severe psychological impairment.

Heather died in September 2016 as the results of overdosing on the prescribed drugs that had been prescribed to her to deal with the work damage. Roger paid for his spouse’s burial bills after which filed a declare for employees’ compensation survivor’s advantages.

Linnhaven and its employees’ compensation insurer, Accident Fund Nationwide Insurance coverage Co., contended that Blasdell was not eligible for advantages. Spouses are typically presumed to be dependents entitled to demise advantages beneath Iowa employees’ compensation regulation, however Part 85.42(1)(a) creates an exception “whether it is proven that on the time of the damage the surviving partner had willfully abandoned the deceased with out fault of the deceased.”

Roger and Heather had lived collectively since 1998 and had a daughter collectively in 1999, in accordance with the Supreme Courtroom’s opinion. They married in 2008.

In 2011, nevertheless, Heather misplaced her job and moved from the couple’s house in Delhi, Iowa to Clinton Iowa, about 90 miles away. She later moved right into a pal’s house in Cedar Rapids, and accepted a job with Linnhaven. Roger, within the meantime, moved to Manchester, Iowa as a result of he might now not afford to pay the hire on the house had had shared with Heather.

The couple stayed in contact however now not had an intimate relationship, in accordance with testimony. Roger grew to become concerned with one other lady and lived along with her for a time, however the couple later broke up. Roger, nonetheless, continued to talk with Heather frequently and gave her cash sometimes, family mentioned.

A deputy employees’ compensation commissioner decided that Roger was not eligible for advantages as a result of he had “willfully abandoned” Heather for no fault of her personal. Roger requested for judicial evaluate. A Polk County choose overturned the deputy commissioner, noting that it was Heather who had determined to depart the household house to search for work elsewhere. The Courtroom of Appeals affirmed the choice that Roger was entitled to advantages.

The Supreme Courtroom majority discovered little case regulation to tell its choice. The opinion cites a 1919 ruling that discovered a husband who had left the household house to search out work had not abandoned his spouse. The bulk opinion additionally quotes Federalist Paper No. 78, written by Alexander Hamilton, which says courts “might actually be mentioned to have neither pressure nor will, however merely judgment.”

The opinion cites choices from different states which have discovered spouses who lived aside have been however entitled to survivor advantages.

“By all appearances, Roger and Heather made a mutual choice to stay aside and had an unconventional marriage on the time of Heather’s 2012 damage,” the opinion says. “However the statutory language of Iowa Code part 85.42(1)(a) is evident that the spousal desertion exception solely applies if on the time of Heather’s damage, Roger had willfully abandoned Heather with out fault by Heather.”

Justices Christopher McDonald and Dana Oxley dissented, and Justice David Might didn’t participate within the choice. McDonald mentioned in a dissenting opinion that almost all appeared to have gone of its strategy to discover fault with the deputy commissioner’s ruling, regardless of precedent that establishes findings of truth by decrease courts needs to be revered.

The case is much from settled. The choice returns the case to the Iowa Staff’ Compensation Division, which should determine whether or not Heather Blasdell’s overdose was a consequence of her damage or a “willful act” that’s not compensable.

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Iowa

Iowa State women’s basketball star Emily Ryan discusses eating disorder in video

Published

2 hours ago

October 10, 2024

Press Room

Iowa State women’s basketball star Emily Ryan discusses eating disorder in video

Iowa State women’s basketball star Emily Ryan released a video Thursday in which she discusses her battle with an eating disorder.

Ryan, a senior from Claflin, Kansas, has been one of the Big 12 Conference’s best point guards for the past few seasons. She was a first-team all-conference pick in 2022, and a second-team selection in 2023.

“By sharing my story, I hope to build awareness and provide hope to everyone else fighting an invisible battle,” Ryan said in the video.

Ryan said her sense of self-worth was dependent on Iowa State’s success and her individual performance. That led to increased time spent in the weight room in an effort to get stronger and faster. When Ryan didn’t see the results that she desired, she began to focus on her diet.

Ryan said the Iowa State medical staff expressed their concern about Ryan’s eating habits and what it was doing to her body. Ryan said she was in “complete denial” about having an eating disorder, but her health continued to worsen.

Ryan missed the first nine games of the 2023-24 season due to the eating disorder. When she returned, she said, “off the court I was really struggling. By the end of the season, I was physically and mentally hanging on by a thread.”

During the offseason, Ryan spent 88 days at a treatment center in Denver.

“It took a long time but I finally came to the understanding that being sick wasn’t my fault, and eating disorders are real, complex illnesses,” she said.

How to get help

For resources on disordered eating, call the National Eating Disorders Helpline at 800-931-2237 or text NEDA to 741741.

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Iowa

Latest Iowa high school volleyball rankings reveal regional pairings

Published

13 hours ago

October 10, 2024

Press Room

Latest Iowa high school volleyball rankings reveal regional pairings

It was an important date around the state for volleyball teams in Iowa, as the latest rankings were released and regional pairings in all five classes were revealed.

The two come into play once regionals reach the championship round, as the higher-ranked team will serve as the host for those games.

All five No. 1 squads remained the same, as Ankeny Centennial (Class 5A), Cedar Rapids Xavier (4A), Mount Vernon (3A), Denver (2A) and Ankeny Christian (1A) held serve.

New teams to the Top-15 include Iowa City West in 5A, Ballard in 4A, Wapsie Valley in 2A and Stanton in 1A. The entire 3A poll remained the same while Sidney made one of the biggest climbs, moving to ninth from 12th in 1A.

Regional play for 1A and 2A begins Oct. 21 with 3A, 4A and 5A starting Oct. 22. The state tournament is scheduled for Nov. 4-7 in Coralville from the Xtream Arena. Complete regional pairings can be found on Bound.

Class 5A

1. Ankeny Centennial; 2. Pleasant Valley; 3. Ankeny; 4. West Des Moines Dowling; 5. Indianola; 6. Waukee Northwest; 7. Cedar Falls; 8. Cedar Rapids Prairie; 9. Waukee; 10. Iowa City Liberty; 11. West Des Moines Valley; 12. Sioux City East; 13. Iowa City West; 14. Iowa City High; 15. Linn-Mar.

Class 4A

1. Cedar Rapids Xavier; 2. Sioux City Bishop Heelan; 3. North Scott; 4. Clear Creek-Amana; 5. Lewis Central; 6. Pella; 7. Glenwood; 8. Carlisle; 9. Marion; 10. Adel-ADM; 11. Norwalk; 12. Sergeant Bluff-Luton; 13. MOC-Floyd Valley; 14. Ballard; 15. Grinnell.

Class 3A

1. Mount Vernon; 2. Western Christian; 3. West Delaware; 4. Dubuque Wahlert; 5. Davenport Assumption; 6. Sioux Center; 7. Carroll Kuemper; 8. Mid-Prairie; 9. Cherokee; 10. Wilton; 11. Solon; 12. Anamosa; 13. Roland-Story; 14. Clarinda; 15. Nevada.

Class 2A

1. Denver; 2. Eddyville-Blakesburg-Fremont; 3. Dyersville Beckman; 4. Dike-New Hartford; 5. Aplington-Parkersburg; 6. South Hardin; 7. Boyden-Hull; 8. Pella Christian; 9. Iowa City Regina; 10. Hinton; 11. Grundy Center; 12. Sumner-Fredericksburg; 13. Wapsie Valley; 14. West Burlington; 15. Shenandoah.

Class 1A

1. Ankeny Christian; 2. Holy Trinity; 3. Saint Ansgar; 4. Riverside; 5. BCLUW; 6. Janesville; 7. North Tama; 8. Don Bosco; 9. Sidney; 10. River Valley; 11. Akron-Westfield; 12. Stanton; 13. Fremont-Mills; 14. Southwest Valley; 15. Gladbrook-Reinbeck.

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Iowa

Iowa high school football computer rankings (10/10/2024)

Published

20 hours ago

October 10, 2024

Press Room

Iowa high school football computer rankings (10/10/2024)

Week 6 of the 2024 Iowa high school football season has wrapped up, and High School on SI is continuing its weekly computer rankings for the season.

The Dowling Maroons kept their top five placing in this week’s 5A Iowa computer rankings after a thrilling 41-35 victory over Ankeny Centennial. They face a strong Urbandale team on Friday, to keep their momentum going.

The top of the 5A computer rankings stay the same this week as the Bettendorf Bulldogs take home another win, this time defeating Kennedy 33-14. The Bulldogs look forward to Friday, where they will travel to Davenport Central in hopes to hold their place in the standings.

SBLive’s formula was created using its linear algebra-based ranking algorithm inspired by the Colley Bias-Free Ranking Method. Colley’s Method was created by Wes Colley, Ph.D., an astrophysicist at the University of Alabama at Huntsville. He devised his algorithm to help address the subjectivity and controversy regarding BCS college football selections in the 1990s and early 2000s, using a method that used no subjective variables.

FAQ: SBLive High School Football Computer Rankings

Here are SBLive’s latest Iowa football computer rankings, as of Oct. 7, 2024:

IOWA HIGH SCHOOL FOOTBALL COMPUTER RANKINGS

CLASS 5A | CLASS 4A

CLASS 3A | CLASS 2A

CLASS 1A | CLASS A

CLASS 8 MAN

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— Ben Dagg | @sblivesports

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