85A.12 Disablement or death following exposure — limitations.
1. An employer shall not be liable for any compensation for an occupational disease unless such disease shall be due to the nature of an employment in which the hazards of such disease actually exist, and which hazards are characteristic thereof and peculiar to the trade, occupation, process, or employment, and such disease actually arises out of the employment, and unless disablement or death results within three years in case of pneumoconiosis, or within one year in case of any other occupational disease, after the last injurious exposure to such disease in such employment, or in case of death, unless death follows continuous disability from such disease commencing within the period above limited for which compensation has been paid or awarded or timely claim made as provided by this chapter and results within seven years after such exposure.
2. In any case where disablement or death was caused by latent or delayed pathological conditions, blood, or other tissue changes or malignancies due to occupational exposure to X rays, radium, radioactive substances or machines, or ionizing radiation, the employer shall not be liable for any compensation unless claim is filed within ninety days after disablement or death or after the employee had knowledge or in the exercise of reasonable diligence should have known the disablement was caused by overexposure to ionizing radiation or radioactive substances, and its relation to employment.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85A.12]
2020 Acts, ch 1062, §94
Structure Iowa Code
Title III - PUBLIC SERVICES AND REGULATION
Chapter 85A - OCCUPATIONAL DISEASE COMPENSATION
Section 85A.2 - Employers included.
Section 85A.3 - Employees covered.
Section 85A.4 - Disablement defined.
Section 85A.5 - Compensation payable.
Section 85A.6 - Dependents — defined.
Section 85A.7 - Limitations and exceptions.
Section 85A.8 - Occupational disease defined.
Section 85A.10 - Last exposure — employer liable.
Section 85A.11 - Diagnosis for brucellosis.
Section 85A.12 - Disablement or death following exposure — limitations.
Section 85A.13 - Provisions relating to pneumoconiosis.
Section 85A.14 - Restriction on liability.
Section 85A.15 - Employers limit of liability.
Section 85A.16 - Reference to compensation law.
Section 85A.17 - Disability — compensation.
Section 85A.18 - Notice of disability or death — filing of claims.
Section 85A.20 - Investigation.
Section 85A.21 - Controversial medical questions.
Section 85A.22 - Examination of employee by physicians.
Section 85A.23 - Report — date of disablement.
Section 85A.24 - Findings and report.
Section 85A.25 - Existing diseases barred.