ORR v. LEWIS CENT. SCH. DIST.

No. 64118.

298 N.W.2d 256 (1980)

John William ORR, Appellant, v. LEWIS CENTRAL SCHOOL DISTRICT, and Employers Mutual Casualty Company, Appellees.

Supreme Court of Iowa.

November 12, 1980.


Attorney(s) appearing for the Case

Oscar O. Over of Over, Over & Over, Council Bluffs, for appellant.

R. Ronald Pogge of Hopkins & Huebner, Des Moines, for appellees.

Considered en banc.


McCORMICK, Justice.

The question here is whether the "discovery rule" applies to the two-year period of limitations for original workers' compensation actions under section 85.26, The Code 1975. Claimant John William Orr filed a petition for arbitration in June 1978, seeking benefits for headaches which he alleged he suffered as the result of a work-connected incident in May 1975 when he was struck on the back of the neck by a falling plank. He averred that, despite...

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