Agency Rejection of Notice Defense Affirmed by Court of Appeals

In John Deere Davenport Works v. Dickerson, No. 20-0658 (Iowa App. April 14, 2021), the agency found that defendant failed to establish a notice defense.  Claimant had filled out what was called a "near miss report" in which he noted he hit his head on a fixture.  Defendant argued that this statement lacked any claim that he was hurt or damaged.  The agency rejected the notice defense under 85.23(1).  

The district court affirmed, finding that the statute does not require require that claimant provide the precise nature of claimant's injury, citing Alm v. Morris Barrick Cattle Co., 38 N.W.2d 161 (Iowa 1949).  The district court discussed the "near miss" report in detail and concluded that "when an employee physically strikes his head and determines that the incident warrants the completion and submission of a written report, an employer is fairly put on notice that the employee was likely in some degree of pain."  The district court found that the notice requirements of 85.23 were met.  The court of appeals adopted the decision of the district court and affirmed without further opinion under Iowa Ct. R. 21.26(1)(d).

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