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Case No. 19-0943

Vanessa Bruss
v.
Grout Scouts, Inc. and Accident Fund Insurance Company of America

Appellant

Vanessa Bruss

Appellee

Grout Scouts, Inc. and Accident Fund Insurance Company of America

Attorney for the Appellant

Alexander Smith and Benjamin D. Bergmann

Attorney for the Appellee

Laura Ostrander

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0943
Date Published:
Apr 15, 2020
Summary

            Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            Vanessa Bruss appeals the district court’s grant of defendants’ motion to dismiss her petition for judicial review of a ruling from the worker’s compensation commission.  Bruss argues she substantially complied with Iowa Code section 17A.19(2) (2019) by seeking out and obtaining an agreement from respondents’ counsel to accept service within the ten-day period.  She further argues the respondents should be equitably estopped from arguing the district court lacks jurisdiction over her petition for judicial review.  OPINION HOLDS: Bruss did not substantially comply with section 17A.19(2) by obtaining an agreement from respondents’ counsel to accept service but not sending a copy of the petition to respondents’ counsel within the ten-day period.  Bruss did not meet her burden to prove the elements of equitable estoppel by clear and convincing evidence.  We affirm.

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