SWARTZENDRUBER v. SCHIMMEL

No. 98-1998.

613 N.W.2d 646 (2000)

Philip H. SWARTZENDRUBER, Appellant, v. Mel SCHIMMEL and Holiday Foods, Employer, and State Farm Insurance, Insurance Carrier, Appellees.

Supreme Court of Iowa.

June 1, 2000.


Attorney(s) appearing for the Case

Mary K. Hoefer of Mears Law Office, Iowa City, for appellant.

James M. Peters and Allison M. Heffern of Simmons, Perrine, Albright & Ellwood, P.L.C., Cedar Rapids, for appellees.

Considered en banc.


CADY, Justice.

In this action for workers' compensation, we review a decision by the court of appeals reversing a decision by the district court which affirmed summary judgment entered by the industrial commissioner based on a failure of the employee to file a petition for benefits within two years of the injury. We vacate the decision of the court of appeals and affirm the district court.

I. Background Facts and Proceedings.

Philip Swartzendruber...

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