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.
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.
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.
