State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-2 > Chapter-85 > 85-3

        85.3  ACCEPTANCE PRESUMED -- NOTICE TO NONRESIDENT
      EMPLOYERS.
         1.  Every employer, not specifically excepted by the provisions of
      this chapter, shall provide, secure, and pay compensation according
      to the provisions of this chapter for any and all personal injuries
      sustained by an employee arising out of and in the course of the
      employment, and in such cases, the employer shall be relieved from
      other liability for recovery of damages or other compensation for
      such personal injury.
         2.  Any employer who is a nonresident of this state, for whom
      services are performed within this state by any employee, is deemed
      to be doing business in this state by virtue of having such services
      performed and the employer and employee shall be subject to the
      jurisdiction of the workers' compensation commissioner and to all of
      the provisions of this chapter, chapters 85A, 85B, 86, and 87, as to
      any and all personal injuries sustained by the employee arising out
      of and in the course of such employment within this state.  In
      addition, every corporation, individual, personal representative,
      partnership, or association that has the necessary minimum contact
      with this state shall be subject to the jurisdiction of the workers'
      compensation commissioner, and the workers' compensation commissioner
      shall hold such corporation, individual, personal representative,
      partnership, or association amenable to suit in this state in every
      case not contrary to the provisions of the Constitution of the United
      States.
         3. a.  Service of process or original notice upon a
      nonresident employer may be performed as provided in section 617.3 or
      as provided in the Iowa rules of civil procedure.  In addition,
      service may be made on any corporation, individual, personal
      representative, partnership, or association that has the necessary
      minimum contact with this state as provided in rule of civil
      procedure 1.305 within or without this state or, if such service
      cannot be made, in any manner consistent with due process of law
      prescribed by the workers' compensation commissioner.
         b.  In addition to those persons authorized to receive
      personal service as in civil actions as permitted by chapter 17A and
      this chapter, such employer shall be deemed to have appointed the
      secretary of state of this state as its lawful attorney upon whom may
      be served or delivered any and all notices authorized or required by
      the provisions of this chapter, chapters 85A, 85B, 86, 87, and 17A,
      and to agree that any and all such services or deliveries of notice
      on the secretary of state shall be of the same legal force and
      validity as if personally served upon or delivered to such
      nonresident employer in this state.
         c.  This section does not limit or affect the right to serve
      an original notice upon any corporation, individual, personal
      representative, partnership, or association within or without this
      state in any manner otherwise permitted by statute or rule.
         4.  For purposes of this section, a nonresident employer is any
      employer that is not a resident of Iowa as defined in section 617.3.
      
         Section History: Early Form
         [S13, § 2477-m; C24, 27, 31, 35, 39, § 1363; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 85.3] 
         Section History: Recent Form
         98 Acts, ch 1061, § 11; 2000 Acts, ch 1007, §1; 2000 Acts, ch
      1232, §46; 2008 Acts, ch 1032, §201

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-2 > Chapter-85 > 85-3

        85.3  ACCEPTANCE PRESUMED -- NOTICE TO NONRESIDENT
      EMPLOYERS.
         1.  Every employer, not specifically excepted by the provisions of
      this chapter, shall provide, secure, and pay compensation according
      to the provisions of this chapter for any and all personal injuries
      sustained by an employee arising out of and in the course of the
      employment, and in such cases, the employer shall be relieved from
      other liability for recovery of damages or other compensation for
      such personal injury.
         2.  Any employer who is a nonresident of this state, for whom
      services are performed within this state by any employee, is deemed
      to be doing business in this state by virtue of having such services
      performed and the employer and employee shall be subject to the
      jurisdiction of the workers' compensation commissioner and to all of
      the provisions of this chapter, chapters 85A, 85B, 86, and 87, as to
      any and all personal injuries sustained by the employee arising out
      of and in the course of such employment within this state.  In
      addition, every corporation, individual, personal representative,
      partnership, or association that has the necessary minimum contact
      with this state shall be subject to the jurisdiction of the workers'
      compensation commissioner, and the workers' compensation commissioner
      shall hold such corporation, individual, personal representative,
      partnership, or association amenable to suit in this state in every
      case not contrary to the provisions of the Constitution of the United
      States.
         3. a.  Service of process or original notice upon a
      nonresident employer may be performed as provided in section 617.3 or
      as provided in the Iowa rules of civil procedure.  In addition,
      service may be made on any corporation, individual, personal
      representative, partnership, or association that has the necessary
      minimum contact with this state as provided in rule of civil
      procedure 1.305 within or without this state or, if such service
      cannot be made, in any manner consistent with due process of law
      prescribed by the workers' compensation commissioner.
         b.  In addition to those persons authorized to receive
      personal service as in civil actions as permitted by chapter 17A and
      this chapter, such employer shall be deemed to have appointed the
      secretary of state of this state as its lawful attorney upon whom may
      be served or delivered any and all notices authorized or required by
      the provisions of this chapter, chapters 85A, 85B, 86, 87, and 17A,
      and to agree that any and all such services or deliveries of notice
      on the secretary of state shall be of the same legal force and
      validity as if personally served upon or delivered to such
      nonresident employer in this state.
         c.  This section does not limit or affect the right to serve
      an original notice upon any corporation, individual, personal
      representative, partnership, or association within or without this
      state in any manner otherwise permitted by statute or rule.
         4.  For purposes of this section, a nonresident employer is any
      employer that is not a resident of Iowa as defined in section 617.3.
      
         Section History: Early Form
         [S13, § 2477-m; C24, 27, 31, 35, 39, § 1363; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 85.3] 
         Section History: Recent Form
         98 Acts, ch 1061, § 11; 2000 Acts, ch 1007, §1; 2000 Acts, ch
      1232, §46; 2008 Acts, ch 1032, §201

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-3 > Subtitle-2 > Chapter-85 > 85-3

        85.3  ACCEPTANCE PRESUMED -- NOTICE TO NONRESIDENT
      EMPLOYERS.
         1.  Every employer, not specifically excepted by the provisions of
      this chapter, shall provide, secure, and pay compensation according
      to the provisions of this chapter for any and all personal injuries
      sustained by an employee arising out of and in the course of the
      employment, and in such cases, the employer shall be relieved from
      other liability for recovery of damages or other compensation for
      such personal injury.
         2.  Any employer who is a nonresident of this state, for whom
      services are performed within this state by any employee, is deemed
      to be doing business in this state by virtue of having such services
      performed and the employer and employee shall be subject to the
      jurisdiction of the workers' compensation commissioner and to all of
      the provisions of this chapter, chapters 85A, 85B, 86, and 87, as to
      any and all personal injuries sustained by the employee arising out
      of and in the course of such employment within this state.  In
      addition, every corporation, individual, personal representative,
      partnership, or association that has the necessary minimum contact
      with this state shall be subject to the jurisdiction of the workers'
      compensation commissioner, and the workers' compensation commissioner
      shall hold such corporation, individual, personal representative,
      partnership, or association amenable to suit in this state in every
      case not contrary to the provisions of the Constitution of the United
      States.
         3. a.  Service of process or original notice upon a
      nonresident employer may be performed as provided in section 617.3 or
      as provided in the Iowa rules of civil procedure.  In addition,
      service may be made on any corporation, individual, personal
      representative, partnership, or association that has the necessary
      minimum contact with this state as provided in rule of civil
      procedure 1.305 within or without this state or, if such service
      cannot be made, in any manner consistent with due process of law
      prescribed by the workers' compensation commissioner.
         b.  In addition to those persons authorized to receive
      personal service as in civil actions as permitted by chapter 17A and
      this chapter, such employer shall be deemed to have appointed the
      secretary of state of this state as its lawful attorney upon whom may
      be served or delivered any and all notices authorized or required by
      the provisions of this chapter, chapters 85A, 85B, 86, 87, and 17A,
      and to agree that any and all such services or deliveries of notice
      on the secretary of state shall be of the same legal force and
      validity as if personally served upon or delivered to such
      nonresident employer in this state.
         c.  This section does not limit or affect the right to serve
      an original notice upon any corporation, individual, personal
      representative, partnership, or association within or without this
      state in any manner otherwise permitted by statute or rule.
         4.  For purposes of this section, a nonresident employer is any
      employer that is not a resident of Iowa as defined in section 617.3.
      
         Section History: Early Form
         [S13, § 2477-m; C24, 27, 31, 35, 39, § 1363; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 85.3] 
         Section History: Recent Form
         98 Acts, ch 1061, § 11; 2000 Acts, ch 1007, §1; 2000 Acts, ch
      1232, §46; 2008 Acts, ch 1032, §201