John Mcgowan Vs. Brandt Construction Co. And Allied Insurance Co.

IN THE SUPREME COURT OF IOWA
No. 07–1224
Filed February 27, 2009
JOHN McGOWAN,
Appellant,
vs.
BRANDT CONSTRUCTION CO.
and ALLIED INSURANCE CO.,
Appellees.
Appeal from the Iowa District Court for Hardin County, Dale E.
Ruigh, Judge.
Workers’ compensation claimant appeals dismissal of his petition
for alternate care. AFFIRMED.
Dennis Currell of Currell Law Office, Cedar Rapids, for appellant.
Richard G. Book of Huber, Book, Cortese, Happe & Lanz, P.L.C.,
West Des Moines, for appellees.

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PER CURIAM.
In this case, an employee seeks judicial review of the dismissal of
his petition for alternate care by the Workers’ Compensation
Commissioner. The employee asserts that this dismissal violated his
right to due process and was contrary to the doctrine of judicial estoppel.
The district court affirmed the dismissal on the ground that the
administrative record had not been transferred to and filed with the
district court.
There is no dispute that the agency record was not transferred to
the district court. Without transfer of the administrative record, the
district court has nothing to review. Alvarez v. IBP, Inc., 696 N.W.2d 1, 3
(Iowa 2005). As a result, the district court properly affirmed the
commissioner’s dismissal. Id. at 4.
AFFIRMED.
This opinion is not to be published.

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