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DANKER v. WILIMEK

No. 96-1506.

577 N.W.2d 634 (1998)

William DANKER, John Danker, and David Danker, Individually and d/b/a Danker Farms, Appellees, v. Brian WILIMEK, Appellant. Brian WILIMEK, Appellant, v. William DANKER, John Danker, and David Danker, Individually and d/b/a Danker Farms, Appellees.

Supreme Court of Iowa.

April 22, 1998.

Attorney(s) appearing for the Case

R. Eugene Knopf of Walker, Knopf & Billingsley, Newton, for appellant.

John B. Grier and Merrill C. Swartz of Cartwright, Druker & Ryden, Marshalltown, for appellees.

Considered by HARRIS, P.J., and LARSON, CARTER, LAVORATO, and ANDREASEN, JJ.

ANDREASEN, Justice.

Brian Wilimek appeals from a ruling dismissing his workers' compensation proceeding. Wilimek filed his claim for injuries resulting from his employment by William Danker, John Danker, and David Danker (collectively Danker). Danker moved the commissioner to dismiss, based on Wilimek's filing of a tort action. See Iowa Code § 87.21 (1991) (providing alternatives for situations where an employer does not have workers' compensation insurance...

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