USCC Workers Comp 2023 - 38

38 | 2023 Analysis of Workers' Compensation Laws
Chart IV-Coverage of Occupational Diseases, cont.
Jurisdiction
Nature of
Coverage1
Utah
All diseases
Medical
Boards
Onset of Disability or Death
Within 180 days from the date on which
worker has knowledge or reasonably
should have had knowledge of relation to
employment.
Vermont
Virginia
All diseases
All diseases; some
ordinary diseases of life
under usual evidentiary
standards of proof31
Washington All diseases, excluding
mental conditions or
disabilities caused by
stress, except for certain
firefighters, emergency
medical technicians,
and law enforcement
officers
West
Virginia
All diseases except
mental claims
Pneumoconiosis-two years of continuous
exposure in the 10 years prior to last
exposure or five years' cumulative exposure
within the 15 years prior to date of last
exposure.
Pneumoconiosis-exposure in 90 work shifts
conclusive as to injurious exposure.
Time Limit on Claim Filing
Deductions
From Death
Awards
Within six years of knowledge of relation to
employment. Death-within one year.
Within two years of the date the occupational
disease is reasonably discoverable and apparent.
Within two years of diagnosis or within five
years of last injurious exposure, whichever is
first.32
Death-within three years.
Within two years following the date the worker
had written notice from a physician or a licensed
advanced registered nurse practitioner that the
occupational disease exists.
Unlimited
Disability
payments
Medical
Care
Unlimited
Compensation2
Same as for accidents.
Possible apportionment of
both indemnity and medical
benefits awarded.30
Unlimited
Unlimited
Same as for accidents.
Same as for accidents.33
Worker who is affected but
not disabled may waive
compensation, subject to
approval of commission.
Same as for accidents.
Pneumoconiosis-within three years of last
exposure or after a diagnosed impairment due to
occupational pneumoconiosis was made known
to the employee by a physician. Death-within
two years. Occupational Disease-within three
years of last exposure, the date the OD was
made known to the employee by a physician or
reasonable knowledge. Death-within one year.
Unlimited except
pneumoconiosis
claims, where
medical care
is based on
percentage of
impairment
Wisconsin
Wyoming
American
Samoa
Virgin
Islands
FECA
All diseases
All diseases
IME may be
ordered.
Medical Commission
issues final decision
on disputed medical
issues.
No specific provisions
All diseases
Board may order
IME.
All diseases
Notification must be given to employer or
any of employer's agents within 30 days of
manifestation or written notice within 90
days at discretion of director.
First claim filed within 60 days; excusable.
Same as for
accidents
Within three years of injury, death, or
disability and claimant should know relation to
employment; excusable.
Unlimited;
subject to fee
schedule
Same as for accidents.
Disability date is last day of work for last
employer whose employment caused
disability.
Within two years after knowledge of relation to
employment. After 12 years, claim may be filed
with Work Injury Supplemental Benefit Fund.
Within one year of diagnosis or three years after
exposure, whichever is later. Radiation-within
one year of diagnosis or death.
Disability
payments
Unlimited
Unlimited
Same as for accidents.
Pneumoconiosis-benefits
for federal claims are paid
from the Coal Workers'
Pneumoconiosis Fund.
Same as for accidents.
Same as for injuries.
Same as for accidents.
USCC Workers Comp 2023

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