Court of Appeals Concludes Petition for Judicial Review Not Served in a Timely Manner
In Bell v. 3E , No. 19-0310 (Iowa App. Sept. 11, 2019), the Court of Appeals reversed the decision of the district court and concluded that a petition for judicial review in a workers' compensation case was not served in a timely manner. The petition was therefore reversed. Petitioner filed a timely petition for judicial review but did not immediately serve the petition as required by IRCP 1.302(5) . Although the petition was served by EDMS after being filed on May 22, 2018, the petition was not served by petitioner until August 24, two days after the district court noted that no service had occurred. The district court concluded that the late service did not prejudice 3E. On appeal, the Court of Appeals reversed the decision of the district court, and noted that section 17A.19(2) of the Code required service within ten days, by personal service or mail. The court noted that the EDMS rules do not equate to service of process when a petition is automatically serv...