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\n\nTue Dec 09 22:29:46 2025 Iowa Code 2026, Chapter 85A (26, 0)
§85A.12, OCCUPATIONAL DISEASE COMPENSATION 4\n\npneumoconiosis, 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
\n
Notes of Decisions
IBP, Inc. v. Burress, 779 N.W.2d 210 (Iowa 2010).
· cites it 8× “See Iowa Code § 85A.12 (“An employer shall not be liable for any compensation for an occupational disease .”
Ganske v. Spahn & Rose Lumber Co., 580 N.W.2d 812 (Iowa 1998).
· cites it 10× “Iowa Code § 85A.12. In this case, benefits were recoverable, even though they had not actually been recovered, because mesothelio-ma is a covered disease.”
Perkins v. HEA of Iowa, Inc., 651 N.W.2d 40 (Iowa 2002).
· cites it 4× “HEA defended on the grounds that this was an occupational disease under Iowa Code chapter 85A (1995), and her claim was barred by the one-year statute of repose under section 85A.12. In the alternative, HEA claimed, if this was an “injury” under Iowa Code chapter 85, it was…”
Meyer v. Iowa State Penitentiary, 476 N.W.2d 58 (Iowa 1991).
· cites it 15× “The rejection of the claim was derived from language in the first unnumbered paragraph of Iowa Code section 85A.12. 1 It provides as follows: An employer shall not be liable for any compensation .”
Ranney v. Parawax Co., Inc., 582 N.W.2d 152 (Iowa 1998).
“The industrial commissioner ruled that Ranney's chapter 85A claim was barred by § 85A.12, which requires that disablement or death from an occupational disease occur "within one year.”
IBP, Inc. Vs. Lee Burress (Iowa 2010).
· cites it 8× “See Iowa Code § 85A.12 (“An employer shall not be liable for any compensation for an occupational disease .”
Ibp, Inc. Vs. Lee Burress (Iowa 2009).
· cites it 8× “See Iowa Code § 85A.12 (“An employer shall not be liable for any compensation for an occupational disease .”
IBP, Inc. v. Burress, 776 N.W.2d 102 (Iowa 2009).
· cites it 8× “See Iowa Code § 85A.12 ("An employer shall not be liable for any compensation for an occupational disease .”
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