Stroup v. Reno

McGIVERIN, Chief Justice.

The question here is whether the petitioner employee, Bernard L. Stroup, can have two “bites at the apple” under Iowa Code section 87.21 (1993) by bringing alternate or successive actions against his uninsured employer for petitioner’s work related injuries.

We conclude that he cannot because the alternative language in section 87.21 only authorizes an employee an initial choice of a method of recovery, not an entitlement to pursue a second method of recovery if the first one is unsuccessful. Thus, we affirm the district court’s judicial review judgment which upheld…