Iowa Code

Iowa Code § 85.3 (2026)

Acceptance presumed — notice to nonresident employers

✓ current as of July 2026
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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 chapter 10A, subchapter III, this chapter, and chapters 85A, 85B, and 87, as to any and all personal injuries sustained by the employee arising out of and in the course of such employment within

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Tue Dec 09 22:29:51 2025 Iowa Code 2026, Chapter 85 (59, 0) §85.3, WORKERS’ COMPENSATION 4\n\nthis 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 chapter 10A, subchapter III, this chapter, and chapters 85A, 85B, 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. [S13, §2477-m; C24, 27, 31, 35, 39, §1363; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85.3] 98 Acts, ch 1061, §11; 2000 Acts, ch 1007, §1; 2000 Acts, ch 1232, §46; 2008 Acts, ch 1032, §201; 2023 Acts, ch 19, §1740, 1741

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85.4 through 85.15 Reserved.

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Notes of Decisions
Cited in 108 cases (14 in the last 5 years), 1946–2026 · leading case: Dunlavey v. Econ. Fire & Cas. Co., 526 N.W.2d 845 (Iowa 1995).
Dunlavey v. Econ. Fire & Cas. Co., 526 N.W.2d 845 (Iowa 1995). · cites it 28× “See Iowa Code § 85.3 (1)_ Further, in many' cases there will be other contributing stressors not related to the workplace and/or preexisting mental health problems.”
Covia v. Robinson, 507 N.W.2d 411 (Iowa 1993). · cites it 28× “Iowa Code § 85.3 (1989). All third-party claims are now settled.”
Jason Bluml v. Dee Jay's Inc. d/b/a Long John Silvers & Com. & Indus. Ins. Co., 920 N.W.2d 82 (Iowa 2018). · cites it 8× “" Iowa Code § 85.3 (1) (2011). We will review the commissioner's legal interpretation of this section for errors at law.”
Meyer v. IBP, Inc., 710 N.W.2d 213 (Iowa 2006). · cites it 6× “” Iowa Code § 85.3 (1); accord Meade v. Ries, 642 N.”
Deanna Jo Ramirez-Trujillo v. Quality Egg, L.L.C., Wright Cnty. Egg Div., & Selective Ins. Co. of Am., 878 N.W.2d 759 (Iowa 2016). · cites it 4× “Iowa Code § 85.3 (1). 35 authorized provider after September 2009 because Quality Egg failed to notify Ramirez-Trujillo that further treatment by that provider was not authorized.”
Xenia Rural Water Dist. v. Vegors, 786 N.W.2d 250 (Iowa 2010). · cites it 7× “See Iowa Code §§ 85.3 (1), 85.16(3). Additionally, the relevant terms—“arising out of and in the course of the employment” and “third party” — have “an independent legal definition that is not uniquely within the subject matter expertise of the agency.”
Dennis L. Smith v. Iowa State Univ. of Sci. & Tech. & State of Iowa, 851 N.W.2d 1 (Iowa 2014). · cites it 4× “First, we have held that “the term ‘personal injuries,’ as used in Iowa Code section 85.3(1), includes a mental injury standing alone,” and “an employee’s pure nontraumatic mental injury ‘arising out of and in the course of employment’ is compensable under chapter 85 of the Iowa…”
McKeever Custom Cabinets v. Smith, 379 N.W.2d 368 (Iowa 1985). · cites it 6× “We note initially that some jurisdictions confine workers’ compensation benefits to disabilities arising from “accidents”, which somewhat narrows liability.”
Andover Volunteer Fire Dep't v. Grinnell Mut. Reinsurance Co., 787 N.W.2d 75 (Iowa 2010). · cites it 4× “" Iowa Code § 85.3 (1). Generally, we have indicated an injury "arises out of" employment when a causal connection exists between the employment and the injury.”
Meade v. Ries, 642 N.W.2d 237 (Iowa 2002). · cites it 6× “” See Iowa Code § 85.3 (1). The immunity provisions of section 85.”
Mortimer v. Fruehauf Corp., 502 N.W.2d 12 (Iowa 1993). · cites it 4× “Iowa Code section 85.3(1) says this: 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…”
Cedar Rapids Cmty. Sch. v. Cady, 278 N.W.2d 298 (Iowa 1979). · cites it 5× “" § 85.3(1), The Code 1979. The employer and insurer admit that Cady was killed "in the course of" his employment.”
— Iowa Code § 85.3(1) — 38 cases
Dunlavey v. Econ. Fire & Cas. Co., 526 N.W.2d 845 (Iowa 1995). “See Iowa Code § 85.3 (1)_ Further, in many' cases there will be other contributing stressors not related to the workplace and/or preexisting mental health problems.”
Dennis L. Smith v. Iowa State Univ. of Sci. & Tech. & State of Iowa, 851 N.W.2d 1 (Iowa 2014). “First, we have held that “the term ‘personal injuries,’ as used in Iowa Code section 85.3(1), includes a mental injury standing alone,” and “an employee’s pure nontraumatic mental injury ‘arising out of and in the course of employment’ is compensable under chapter 85 of the Iowa…”
Mortimer v. Fruehauf Corp., 502 N.W.2d 12 (Iowa 1993). “Iowa Code section 85.3(1) says this: 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…”
Meyer v. IBP, Inc., 710 N.W.2d 213 (Iowa 2006). “” Iowa Code § 85.3 (1); accord Meade v. Ries, 642 N.”
Cedar Rapids Cmty. Sch. v. Cady, 278 N.W.2d 298 (Iowa 1979). “" § 85.3(1), The Code 1979. The employer and insurer admit that Cady was killed "in the course of" his employment.”
— Iowa Code § 85.3(2) — 2 cases
Covia v. Robinson, 507 N.W.2d 411 (Iowa 1993). “Iowa Code § 85.3 (1989). All third-party claims are now settled.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.