Death of employee of Davenport, Iowa allows widow to receive comp checks

A seasonal worker for the City of Davenport was exposed to bat and bird feces while cleaning out shelters.  He was diagnosed with a fungal infection in his lungs called histoplasmosis.  Unfortunately, the condition worsened over the next 18 months and he eventually lost his life.  Despite initially paying the claim, the City of Davenport decided to dispute liability and denied the case.  We filed a petition and the worker's compensation judge to originally heard the case agreed with the defendants.  However, we filed an appeal which was successful and the work comp. Commissioner reversed finding that did in fact sustain a work related injury which led to his death.  Therefore, the employer was ordered to pay the back benefits owed and also pay the weekly death benefits to his spouse.  This was further appealed by the defendants to the district court where we won and the spouse will now receive weekly benefits for the rest of her life. 

After man's death, estate received compensation for the time he missed from work and funeral expenses. His widow will continue to receive a weekly workers' compensation check for the rest of her life.

Corey Walker
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With over 20 years legal experience, Corey has been recognized for his work as an injury attorney.