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GATES v. JOHN DEERE OTTUMWA WORKS

No. 97-348.

587 N.W.2d 471 (1998)

Larry R. GATES, Appellant, v. JOHN DEERE OTTUMWA WORKS, Appellee.

Supreme Court of Iowa.

December 23, 1998.

Attorney(s) appearing for the Case

Dennis W. Emanuel of Webber, Gaumer, Emanuel & Daily, P.C., Ottumwa, for appellant.

David J. Hester and Gayla R. Harrison of Johnson, Hester, Walter & Harrison, L.L.P., Ottumwa, for appellee.

Considered by HARRIS, P.J., and LARSON, CARTER, NEUMAN, and TERNUS, JJ.

NEUMAN, Justice.

This appeal arises from an industrial commissioner's finding, affirmed on judicial review, that Larry Gates' workers' compensation claim is time barred by Iowa Code section 85.26 (1993). Gates argued before the district court, and urges on appeal, that the commissioner erroneously failed to consider theories of latent injury, aggravation of preexisting injury, or cumulative trauma to extend the statutory...

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