In Robertson/Star Building v. Coohey, filed November 12, 2009, the Iowa Court of Appeals found that a Petition for medical care for a 1996 work injury was not barred by the statute of limitations. Citing section 85.26(2) of the Iowa Code, the Iowa Court of Appeals allowed the injured worker to file a Petition for Arbitration in 2006, requesting medical treatment for a 1997 injury.
Section 85.26(2) contains dense statutory language that allows Petitions for medical benefits to be dismissed if two years have passed since the work injury, and if no weekly benefits have been paid. However, if the employer has paid weekly benefits and the injured worker is only asking for medical benefits, the statute provides no time limit, if the employer has not filed a denial of the claim with the agency and mailed a copy to the injured worker ”within six months of the commencementof weekly compensation benefits,” no matter how long ago the work injury occurred. In almost all cases, that means that there is no statutory time limit for requests for medical care, if any weekly benefits have been paid.