Court of Appeals Concludes That Injury Did Not Arise Out of or In the Scope of Employment
In Cooper v. Kirkwood Community College , No. 11-1755 (Iowa App. Feb. 13, 2013), the court affirmed the decision of the commissioner that claimant's injury did not arise out of or in the course of employment. The case had been before the Court of Appeals previously, at which time the court concluded that claimant was required to wait until the agency had made a determination on rehearing before filing a petition for judicial review. When a subsequent petition was filed, the district court concluded that the petition had been timely filed, but found that claimant's conditions did not arise out of her employment. Defendants first argued that because the second petition for judicial review was filed until after the dismissal of the first petition, it had been untimely filed. The court disagreed, and indicated that because of the earlier interlocutory appeal, the 20 day "deemed denied" period for the rehearing was tolled pending the decision of the district court and...