Court of Appeals Affirms Dismissal of Claim Premised on Failure to Provide Timely Notice in Discovery Rule Case
In Romero v. Curly's Foods , No. 18-2066 (Iowa App. Nov. 6, 2019), the Court of Appeals affirmed the dismissal of a claim on notice grounds. Claimant had alleged a cumulative injury and urged that she did not appreciate the permanent impact on employment until just before she notified defendants of the injury. The commissioner concluded that claimant realized that the injury was work related and serious in May of 2013 because she argued she reported the injury to defendants at that time. Defendants argued that notification had not occurred until 2014. On the facts of the case, the commissioner concluded that claimant had not notified defendants in a timely manner. The commissioner also noted that this was a fact specific finding, applicable only to this case. Rather than delve into the question of when claimant appreciated that the injury would have a permanent impact on employment, the court finds that the commissioner's findings were supp...