LEO SCHUPANITZ, Complainant,

VS.

NORTH CENTRAL IOWA PORK PRODUCERS, NORTH IOWA POW LIMITED, and N.I.P., LTD, Respondents.

THIS MATTER, a complaint filed by Leo Schupanitz (Complainant) with the Iowa Civil Rights Commission (Commission) charging North Central Iowa Pork Producers, amended to include North Iowa Pork, Limited corrected by amendment to NIP Limited (Respondent), with discrimination in employment based on job-related injuries and subsequent work restrictions, came on for hearing in Clear Lake, Iowa on the 22nd day of December 1986 before Hearing Officer Ione G. Shadduck. The Complainant was represented by Rick Autry, Assistant Attorney General. Respondent was represented by John G. Sorensen, attorney at law. Any rulings on motions and objections reserved will be ruled on in this proposed decision.

The issues in this case are as follows:

Issue 1 - Was the corrected amendment bringing N.I.P., Limited in as a respondent timely filed?

Issue 2 - If the corrected amendment was not timely filed, can N.I.P. Limited be brought in as a Respondent under the doctrine of successor liability?

Issue 3 - Work related injuries are governed by the statute for worker's compensation. Is there a relationship between an injured on the job employee's rights under Iowa Code 601A and the same employee's rights under Iowa Code 85?

Issue 4 - Did Respondent discriminate against Leo Schupanitz on the basis of his disability when it terminated him? Having reviewed the testimony, exhibits, record, and briefs of counsel the Hearing Officer makes the following proposed findings of fact, conclusions of law, rulings, recommended decision and order.

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