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Laws-info.com » Cases » Iowa » Court of Appeals » 2009 » FRONTIER NATURAL PRODUCTS COOPERATIVE and UNITED HEARTLAND, Plaintiffs-Appellants, vs. BETTY BUTZ, Defendant-Appellee.
FRONTIER NATURAL PRODUCTS COOPERATIVE and UNITED HEARTLAND, Plaintiffs-Appellants, vs. BETTY BUTZ, Defendant-Appellee.
State: Iowa
Court: Court of Appeals
Docket No: No. 9-947 / 09-0822
Case Date: 12/17/2009
Preview:IN THE COURT OF APPEALS OF IOWA No. 9-947 / 09-0822 Filed December 17, 2009 FRONTIER NATURAL PRODUCTS COOPERATIVE and UNITED HEARTLAND, Plaintiffs-Appellants, vs. BETTY BUTZ, Defendant-Appellee. ________________________________________________________________ Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge.

Appeal from the district courts decision on judicial review that affirmed the agencys award of workers compensation benefits. AFFIRMED.

Thomas D. Wolle of Simmons Perrine Moyer Bergman, P.L.C., Cedar Rapids, for appellants. Gary Nelson of Rush & Nicholson, P.L.C., Cedar Rapids, for appellee.

Considered by Sackett, C.J., Vaitheswaran and Danilson, JJ.

2

SACKETT, C.J. The employer and insurer appeal from the district court s decision on judicial review that affirmed the agencys award of workers compensation benefits, contending the agency erred in concluding the claimant provided timely notice of her injury. We affirm. BACKGROUND FACTS AND PROCEEDINGS. The claimant, a former employee of Frontier Natural Food Products, filed an arbitration petition on January 24, 2007, seeking workers compensation benefits for a left-knee injury in 2005. She identified a traumatic injury from a fall in February of 2005 and a cumulative trauma injury dated in May or June of 2005.1 The employer denied liability based on the affirmative defense of failure to provide notice within ninety days of the injury. See Iowa Code
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