This section contains the nature of the case and procedural background.

Nelson (P) sued Iowa-Illinois Gas (D) for the death of her husband while he was employed with D. D made a special appearance to oppose the suit as the only forum for trial of issues arising from such injuries between an employer and employee was the Iowa Industrial Commissioner. The suit was dismissed. P appealed contending that her decedent was excluded from coverage under the Workmen's Compensation Act because he was an independent contractor. P alleged in her complaint that the decedent was an employee or an independent contractor.

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