1. An original proceeding for benefits under chapter 10A, subchapter III,this chapter, or chapter 85A or 85B, shall not be maintained in any contested case unless the proceeding is commenced within two years from the date of the occurrence of the injury for which benefits are claimed or,ifweekly compensation benefits are paid under section 10A.315, within three years from the date of the last payment of weekly compensation benefits. For the purposes of thissection, “date of the occurrence ofthe injury” means the date that the employee knew or should have known that the injury was work-related. 2. An award for payments or an agreement for settlement provided by section 10A.315 for benefitsunder thischapter or chapter 85A or 85B, where the amount has not been commuted, may be reviewed upon commencement of reopening proceedings by the employer or the employee within three years from the date of the lastpayment of weekly benefits made under the award or agreement. If an award for payments or agreement for settlement as provided by section 10A.315 for benefits under this chapter or chapter 85A or 85B has been made and the amount has not been commuted, or ifa denial of liabilityis not filed with the workers’ compensation commissioner and notice of the denial is not mailed to the employee, in the form and manner required by the commissioner, within six months of the commencement of weekly compensation benefits, the commissioner may at any time upon proper application make a determination and appropriate order concerning the entitlement of an employee to benefitsprovided for in section 85.27. Thefailure to filea denial of liabilitydoesnotconstitute an admission of liability under chapter 10A, subchapter III,this chapter, or chapter 85A or 85B. 3. Notwithstanding chapter 17A, the filingwith the workers’ compensation commissioner ofthe original notice or petition for an original proceeding or an original notice or petition to reopen an award or agreement of settlement provided by section 10A.315, for benefits under this chapter or chapter 85A or 85B isthe only act constituting commencement for purposes of this section. 4. No claim or proceedings for benefits shall be maintained by any person other than the injured employee, or the employee’s dependent or legal representative ifentitled to benefits. [S13, §2477-m34; C24, 27, 31, 35, 39, §1386, 1457; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §85.26, 86.34; C79, 81, §85.26; 82 Acts, ch 1161, §3]
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