USCC Workers Comp 2023 - 32

32 | 2023 Analysis of Workers' Compensation Laws
Chart IV-Coverage of Occupational Diseases, cont.
Jurisdiction
Nature of
Coverage1
Colorado
All diseases which
result directly from
employment or
conditions under which
work was performed
Connecticut All diseases
Medical
Boards
Division IME must
be overcome by
clear and convincing
evidence in disputes
over MMI and
whole person
impairment.
Panel of three
physicians may
be appointed by
commissioner to
resolve medical
issues involving
lung diseases.
Onset of Disability or Death
Disability-within five years of date of injury.
Death-within two years. Exceptions are
death or disability resulting from exposure
to radioactive materials, substances,
machines, or fissionable materials; poisoning
by uranium or its compounds; or from
asbestosis, silicosis, or anthracosis.
Time Limit on Claim Filing
Deductions
From Death
Awards
Disability or death-within two years of when
a reasonable person becomes aware of the
compensable nature of his or her injuries or
within three years with a reasonable excuse.
Radiation, asbestosis, silicosis, or anthracosis-
within five years of disability or death.
Within three years of manifestation of disease.
Within two years if death occurs within first two
years of manifestation of disease or one year
after death, whichever is later.
Medical
Care
Unlimited
Compensation2
Same as for accidents.
Unlimited
AWW is calculated as
of date of total or partial
incapacity to work. If disease
arises when claimant has
not worked during past
52 weeks, AWW is equal
to state AWW for past 52
weeks or to AWW during last
52 weeks worked, adjusted
pursuant to §31-307a,
whichever is greater.
Delaware
District of
Columbia
Florida
Georgia
All diseases
All diseases
All diseases arising out
of and in the course of
employment
All diseases arising out
of and in the course of
employment6
IME by physician
chosen by
agreement
of parties or
appointment of
board.
Death-following continuous disability and
within 350 weeks of last exposure.
Disablement means the event of an
employee becoming actually disabled to
work as otherwise defined in the Workers'
Compensation Act.
Disability or death-within two years of
knowledge of relation to employment.
Within one year of disability, death, last
payment, or knowledge of relation to
employment.
Within two years of disability, death, or
employee's first knowledge of exposure.
Within one year of date when employee should
have known of existence of disease. In no
event more than seven years after last injurious
exposure.
Disability
payments
Unlimited
Unlimited
Unlimited
Unlimited for
date of injuries
(DOIs) before
6/30/13. For
DOIs after
7/1/13, 400
weeks limitation
except for
catastrophic
injuries and
for repair or
replacement
of prosthetic
devices, spinal
cord stimulators,
and certain
durable medical
equipment.
Hawaii
All diseases
Within two years after claimant knows relation
to employment.
Unlimited
Same as for accidents.
Same as for accidents.
Same as for accidents.
Same as for accidents.
Same as for accidents.
USCC Workers Comp 2023

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