Orr v. Lewis Central School District

McCORMICK, Justice.

The question here is whether the “discovery rule” applies to the two-year period of limitations for original workers’ compensation actions under section 85.26, The Code 1975. Claimant John William Orr filed a petition for arbitration in June 1978, seeking benefits for headaches which he alleged he suffered as the result of a work-connected incident in May 1975 when he was struck on the back of the neck by a falling plank. He averred that, despite reasonable diligence, he was unable to determine the headaches were caused by the May 1975 incident until September 1977.…