Mousel v. Bituminous Material & Supply Co.

GARFIELD, Chief Justice.

Plaintiff, claimant for benefits under the Workmen’s Compensation Law, chapters 85, 86, Code 1966, has appealed from an order of the district court affirming the industrial commissioner’s dismissal of his claim as not “commenced within two years from the date of the injury causing * * * disability for which compensation is claimed”, as required by Code 1966, section 85.26.

The proceedings were commenced by claimant’s filing with the commissioner on September 26, 1966 his application for arbitration. The matter was first heard by the deputy commissioner as sole…