2009 Iowa Code
Title 3 - Public Services and Regulation
Subtitle 2 - Employment Services
CHAPTER 85 - WORKERS' COMPENSATION
85.26 - LIMITATION OF ACTIONS -- WHO MAY MAINTAIN ACTION.

        85.26  LIMITATION OF ACTIONS -- WHO MAY MAINTAIN
      ACTION.
         1.  An original proceeding for benefits under this chapter or
      chapter 85A, 85B, or 86, shall not be maintained in any contested
      case unless the proceeding is commenced within two years from the
      date of the occurrence of the injury for which benefits are claimed
      or, if weekly compensation benefits are paid under section 86.13,
      within three years from the date of the last payment of weekly
      compensation benefits.
         2.  An award for payments or an agreement for settlement provided
      by section 86.13 for benefits under this chapter or chapter 85A or
      85B, where the amount has not been commuted, may be reviewed upon
      commencement of reopening proceedings by the employer or the employee
      within three years from the date of the last payment of weekly
      benefits made under the award or agreement.  If an award for payments
      or agreement for settlement as provided by section 86.13 for benefits
      under this chapter or chapter 85A or 85B has been made and the amount
      has not been commuted, or if a denial of liability is not filed with
      the workers' compensation commissioner and notice of the denial is
      not mailed to the employee, in the form and manner required by the
      commissioner, within six months of the commencement of weekly
      compensation benefits, the commissioner may at any time upon proper
      application make a determination and appropriate order concerning the
      entitlement of an employee to benefits provided for in section 85.27.
      The failure to file a denial of liability does not constitute an
      admission of liability under this chapter or chapter 85A, 85B, or 86.

         3.  Notwithstanding chapter 17A, the filing with the workers'
      compensation commissioner of the original notice or petition for an
      original proceeding or an original notice or petition to reopen an
      award or agreement of settlement provided by section 86.13, for
      benefits under this chapter or chapter 85A or 85B is the only act
      constituting "commencement" for purposes of this section.
         4.  No claim or proceedings for benefits shall be maintained by
      any person other than the injured employee, or the employee's
      dependent or legal representative if entitled to benefits.  

         Section History: Early Form

         [S13, § 2477-m34; C24, 27, 31, 35, 39, § 1386, 1457; C46, 50,
      54, 58, 62, 66, 71, 73, 75, 77, § 85.26, 86.34; C79, 81, § 85.26; 82
      Acts, ch 1161, § 3] 

         Section History: Recent Form

         83 Acts, ch 105, § 3; 84 Acts, ch 1067, § 15; 98 Acts, ch 1061, §
      3, 11
         Referred to in § 85.27, 85.35, 85.59, 85.72, 86.13