Mike Marion Niday
v.
Roehl Transport, Inc.
Appellant
Mike Marion Niday
Appellee
Roehl Transport, Inc.
Attorney for the Appellant
Joseph S. Powell
Attorney for the Appellee
Lee P. Hook and Tyler S. Smith
Court of Appeals
Court of Appeals Opinion
Opinion Number:
18-0712
Date Published:
Apr 03, 2019
Summary
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.