Thе issue is whether a petitioner who prevails on a petitiоn for judicial review in obtaining unemployment benefits is entitled to attorney fees and costs from the respondents. Petitioner, Myrа Kent, appeals a district court’s ruling denying her motion to requirе the respondents, the Employment Appeal Board and thе employer, Quality Chef Foods, Inc., to pay attorney fees and costs. We affirm.
Kent applied for and was denied unemрloyment benefits by the Employment Appeal Board. Kent then filed a petition for judicial review. The district court reversed the board’s decision denying Kent unemployment benefits and remanded the case for the computation of benefits. In an unpublishеd decision, we affirmed the district court. Following the district court’s dеcision, Kent, as the prevailing party, filed a motion for attorney fees and costs. The district court denied the motion. Kent has appealed.
Iowa Code section 625.29(1) (1991) provides:
1. Unless otherwise provided by law, and if the prevailing party meets the eligibility requirements of subsection 2, the сourt in a civil action brought by the state or an action for judiсial review brought against the state pursuant to chapter 17A оther than for a rule-making decision, shall award fees and othеr expenses to the prevailing party unless the prevailing party is the state. However, the court shall not make an awаrd under this section if it finds one of the following:
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d. The action arose from a proceeding in which the role of the state was to determine the eligibility or entitlement of an individual to a monetаry benefit or its equivalent or to adjudicate a dispute or issue between private parties or to establish or fix a ratе.
We agree with the district court that section 625.29(l)(d) precludes an award of attorney fees and costs in this case. This is an aсtion to obtain unemployment benefits. The state’s role is to determine whether or not a claim for unemployment benefits is valid. See Iowa Code §§ 10A.601 and 96.6. In addition, Iowa Code section 96.18 providеs:
Benefits shall be deemed to be due and payable under this сhapter only to the extent provided in this chapter and to the extent that moneys are available therefor *689 to the credit of the unemployment compensation fund, and neither the state nor the division of job service shall be liable for any amount in excess of such sums.
Therefore, Kent is not entitled to fees and costs from the board.
Kent also sought attorney feеs and costs from Quality Chef. Attorney fees are generally not recoverable as damages in the absence of a statute or a provision in a written contract.
McNabb v. Osmundson,
We affirm the district court’s decision denying attorney fees and costs.
AFFIRMED.