HORSMAN v. WAHL

No. 95-541.

551 N.W.2d 619 (1996)

Jolene HORSMAN, Appellant, v. Darwin WAHL, Appellee.

Supreme Court of Iowa.

July 24, 1996.


Attorney(s) appearing for the Case

Robert K. DuPuy of LaMarca & Landry, P.C., West Des Moines, for appellant.

Phillip H. Dorff, Jr., of Hopkins & Huebner, P.C., Des Moines, for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, SNELL, and ANDREASEN, JJ.


PER CURIAM.

The issue on appeal is whether a sole proprietor who purchases workers' compensation insurance for himself or herself pursuant to the election provided for in Iowa Code section 85.1A (1995) is considered an "employee" under the definitions contained in section 85.61 and thus an "employee" against whom a coemployee can assert a gross negligence claim under Iowa Code section 85.20(2). The district court determined that defendant's election to be covered...

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