Laurie Taylor
v.
Iowa State University Extension and Outreach Woodbury County Agricultural Extension District Office and, Accidentfund Insurance Company of America
Appellant
Laurie Taylor
Appellee
Iowa State University Extension and Outreach Woodbury County Agricultural Extension District Office and, Accidentfund Insurance Company of America
Attorney for the Appellant
Harold K. Widdison
Attorney for the Appellee
Valerie A. Foote
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Woodbury County, Tod Deck, Judge. AFFIRMED. Considered by Mullins, P.J. and Blane and Doyle, S.JJ. Opinion by Mullins, P.J. (9 pages)
Laurie Taylor appeals a district court order affirming the Workers’ Compensation Commissioner’s denial of her claims. This court will also consider the motion to strike a portion of Taylor’s reply brief filed by the Iowa State University Extension and Outreach (ISUEO). OPINION HOLDS: Taylor’s tolling argument was raised for the first time in her reply brief on appeal and is in violation of our rule against raising an issue for the first time in a reply brief. We thus grant ISUEO’s motion to strike that portion of Taylor’s reply brief. Because the commissioner’s finding that there was not timely notice that Taylor’s May 14, 2015 injuries were work-related was supported by substantial evidence, we affirm. Taylor’s duty-to-investigate argument was not raised and litigated before the commissioner, and is not preserved for our review. We find nothing in the record indicating that the agency failed to liberally interpret the act in compliance with statutory directives.
