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MEYER v. IOWA STATE PENITENTIARY

No. 90-1195.

476 N.W.2d 58 (1991)

Margaret MEYER, Surviving Spouse, and Marvin H. Meyer Estate, by Margaret Meyer, Executor, Appellants, v. IOWA STATE PENITENTIARY, Employer, and State of Iowa, Insurance Carrier, Appellees.

Supreme Court of Iowa.

October 16, 1991.

Attorney(s) appearing for the Case

James Hoffman, Keokuk, and Barry Moranville, West Des Moines, for appellants.

Bonnie J. Campbell, Atty. Gen., and Shirley A. Steffe, Asst. Atty. Gen., for appellees.

Considered by HARRIS, P.J., and SCHULTZ, CARTER, LAVORATO, and SNELL, JJ.

HARRIS, Justice.

This is a suit to recover benefits under Iowa Code chapter 85A (1989) (occupational disease compensation). The decedent, a longtime state employee, died several years after retirement, it is said as a result of exposure to asbestos where he worked. The claim was dismissed because it was brought too late. We affirm the dismissal because we find the claim did not arise.

Decedent Marvin H. Meyer was employed in the maintenance department by the...

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