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HERRERA v. IBP, INC.

No. 99-0836.

633 N.W.2d 284 (2001)

Maria A. HERRERA, Appellee, v. IBP, INC., Appellant.

Supreme Court of Iowa.

September 6, 2001.

Attorney(s) appearing for the Case

James C. Meehan, Dakota City, Nebraksa, for appellant.

Paul J. McAndrew, Jr., Iowa City, for appellee.

Max Schott of Max Schott & Associates, P.C., Des Moines, and Robert S. Kinsey, III, of Brown, Kinsey & Funkhouser, P.L.C., Mason City, for amicus curiae, Iowa Trial Lawyers Association.

TERNUS, Justice.

The dispute in this workers' compensation case centers on whether the industrial commissioner correctly determined that the employee's claim for workers' compensation benefits based on a cumulative trauma injury was time barred. See Iowa Code § 85.26 (1995) (requiring that any claim for benefits under chapter 85 be filed within two years of the date of injury). The agency decision was reversed by the district court on judicial review....

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