Isaac Ortiz
v.
Loyd Roling Construction and Grinnell Mutual Reinsurance
Plaintiff appealed from a district court order which dismissed his petition for judicial review for failure to timely serve the petition. He contended the court erred in concluding he did not substantially comply with the service requirements of Iowa Code section 17A.19(2)(2017) when he served the petition within the ten-day period by e-mail and through the Electronic Document Management System (EDMS). The court of appeals affirmed the dismissal of his petition. Plaintiff seeks further review.
Applicant
Isaac Ortiz
Resister
Loyd Roling Construction and Grinnell Mutual Reinsurance
Attorneys for the Applicant
Anthony J. Bribriesco
Andrew W. Bribriesco
William J. Bribriesco
Attorneys for the Resister
Stephen W. Spencer
Christopher S. Spencer
Supreme Court
Oral Argument Schedule
Non-Oral
Mar 06, 2019 9:00 AM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Jeanie K. Vaudt, Judge. AFFIRMED. Considered by Tabor, P.J., Mullins, J., and Scott, S.J. Opinion by Scott, S.J. (6 pages)
Isaac Ortiz appeals the district court’s dismissal of his petition for judicial review of a determination of the workers’ compensation commissioner, contending the district court erred in concluding he failed to substantially comply with the service requirements of Iowa Code section 17A.19(2) (2017). OPINION HOLDS: We agree with the district court’s conclusion that Ortiz failed to substantially comply with the service requirements of section 17A.19(2) and it therefore lacked jurisdiction on judicial review. We therefore affirm.