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Harker v.6/19/2002
Howard Harker appeals the district court's ruling on judicial review affirming the Workers' Compensation Commissioner's denial of worker's compensation benefits. AFFIRMED.
Claimant, Howard Harker, appeals the district court's affirmance of the Workers' Compensation Commissioner's denial of worker's compensation benefits. Claimant asserts the Commissioner's refusal to continue his hearing was an abuse of discretion and denied him the right to a fair hearing.
While Claimant's attorney may have failed to fulfill her obligation to her client, the agency nonetheless acted within its discretion. See Sheet Metal Contractors of Iowa v. Comm'r of Ins., 427 N.W.2d 859, 866 (Iowa 1988) (stating an agency is vested with considerable discretion in ruling on motions to continue.) Upon judicial review, the district court noted the distinction between agency's discretion and the attorney's representation in affirming the Commissioner's denial of the motions to continue. We agree and affirm.
AFFIRMED.
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