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Case No. 18-0712

Mike Marion Niday
Roehl Transport, Inc.


Mike Marion Niday


Roehl Transport, Inc.

Attorneys for Appellant

Joseph S. Powell

Attorneys for Appellee

Lee P. Hook and Tyler S. Smith

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Apr 03, 2019

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  REVERSED AND REMANDED.  Heard by Potterfield, P.J., and Tabor and McDonald, JJ, but Decided by Potterfield, P.J., and Tabor and Mullins, JJ.  Opinion by Tabor, J.  (18 pages)

            Michael Niday challenges the district court’s affirmance of the workers’ compensation commissioner’s denial of his petition for benefits on the basis the commission lacked jurisdiction.  OPINION HOLDS: Because we find the commissioner erroneously concluded the last act necessary for formation of a contract was fulfillment of conditions precedent within the contract, we reverse.

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