HEARTLAND EXP. v. GARDNER

No. 02-0993.

675 N.W.2d 259 (2004)

HEARTLAND EXPRESS, Appellant, v. James GARDNER, Jr., Appellee.

Supreme Court of Iowa.

As Amended on Denial of Rehearing February 27, 2004.


Attorney(s) appearing for the Case

Stephen W. Spencer and Joseph M. Barron of Peddicord, Wharton, Spencer & Hook, P.C., Des Moines, for appellant.

D. Brian Scieszinski of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellee.


CADY, Justice.

In this appeal, we must decide whether the workers' compensation commissioner had subject matter jurisdiction over an employee's claim for benefits. If the commissioner had jurisdiction over the claim, we must further consider whether a new hearing date should have been granted and whether the commissioner's determination as to the employee's industrial disability was supported by substantial evidence. Ultimately, we do not reach these latter issues...

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