The industrial commissioner rejectedĭarrow's argument and granted summary judgment for Quaker Oats, a decision affirmed by the district court on judicial review. Darrow responded by arguing that the statute of limitations should be tolled due to the circumstances of his involuntary commitment.
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It relied on Iowa Code section 85.26(1), which requires that a proceeding for benefits must be "commenced within two years from the date of the occurrence of the injury for which benefits are claimed." Quaker Oats resisted the actions on the ground they were time barred. His commitment extended from June 28, 1991, to June 1, 1994.ĭarrow did not commence contested proceedings against his employer until November 15, 1994. Subsequently, Darrow was involuntarily hospitalized for treatment of serious mental impairment.
The company investigated both claims and denied benefits based on its conclusion that Darrow's mental illness, if any, was not work related. He reported injury dates of July 10, 1990, and June 15, 1991. Petitioner Gary Darrow alleges he suffered psychological injury resulting from stress related to his job as an insulator/asbestos worker for respondent, Quaker Oats Company. We therefore affirm the district court's summary judgment for the employer. Like the district court-and the industrial commissioner before it-we conclude the worker cannot rely on a mental impairment to avoid the statutory time bar. The narrow question on appeal is whether a worker's involuntary mental commitment tolls the two-year statute of limitation for filing a workers' compensation claim under Iowa Code section 85.26(1) (1995). Wassmer of Simmons, Perrine, Albright & Ellwood, P.L.C., Cedar Rapids, for appellee.Ĭonsidered by McGIVERIN, C.J., and LAVORATO, NEUMAN, ANDREASEN, and TERNUS, JJ. Currie of Tom Riley Law Firm, P.C., Cedar Rapids, for appellant.
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