ROBINSON v. DEPARTMENT OF TRANSP.

No. 64613.

296 N.W.2d 809 (1980)

Berle M. ROBINSON, Appellant, v. DEPARTMENT OF TRANSPORTATION, the State of Iowa, and the Iowa Workers' Compensation Service and/or Iowa Industrial Commissioner, Appellees.

Supreme Court of Iowa.

Rehearing Denied October 9, 1980.


Attorney(s) appearing for the Case

John R. Ward of Hedberg, Brick, Tan, Pratt & Ward, Des Moines, for appellant.

Thomas A. Evans, Jr., Asst. Atty. Gen., for appellees.

Considered by REYNOLDSON, C. J., and LeGRAND, HARRIS, McCORMICK and LARSON, JJ.


McCORMICK, Justice.

The question here is whether the notice of claim requirements of § 85.23, The Code 1975, were satisfied in this workers' compensation case. The industrial commissioner denied benefits after finding that the employer did not have actual knowledge or timely notice of the injury within the ninety-day period provided in the statute. Upon petition for further review the district court affirmed the commissioner. We affirm the district court.

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