USCC Workers Comp 2024 - 31

2024 Analysis of Workers' Compensation Laws | 31
Chart IV-Coverage of Occupational Diseases
Jurisdiction
Alabama
Nature of
Coverage1
All diseases; some
ordinary life diseases
under evidentiary
standards of proof
Medical
Boards
Onset of Disability or Death
Death-within three years of last exposure
or last payment. Radiation or occupational
pneumoconiosis-exposure must occur in at
least 12 months over five years prior to last
exposure.
Alaska
Occupational disease
or infection arising
naturally out of the
employment or that
naturally or unavoidably
arises from an
accidental injury
Arizona
All diseases4
Commission may
appoint board
of three medical
consultants; report
is prima facie
evidence of facts.
Arkansas
All occupational
diseases resulting in
disability or death and
arising out of and in the
course of employment
Silicosis or asbestosis-employer liable only
if exposure over two years.
Time Limit on Claim Filing
Within two years of last exposure or last
payment. Radiation-within two years and
claimant must know relation to employment.
Coal miner's pneumoconiosis-within three
years after PT or death and claimant must know
relation to employment. Death-within two
years of death or last payment.
Within two years of knowledge of relation to
employment. Death-within one year.
Deductions
From Death
Awards
Disability
payments
Medical
Care
Unlimited
Compensation2
Same as for accidents.3
Reasonable
and necessary
medical
treatment;
subject to
frequency
standards
Within one year of manifestation, knowledge of
disability, or accrual of right; excusable.
Unlimited
Same as for accidents.
Same as for accidents.
Disability or death-within one year of last
exposure or seven years for death following
continuous disability. Radiation-does not
apply. Silicosis or asbestosis-within three
years and exposure must be in five years over
10 years prior to disability (two of five years
in state, unless same employer).
Within two years of last exposure. Silicosis or
asbestosis-within one year after disablement,
and disablement must occur within three years
of last exposure. Radiation-within two years
from diagnosis. Death-within two years.
Unlimited
If a disease, infirmity,
disability, or death is
obtained or caused by
something not itself
compensable but is
aggravated, prolonged,
accelerated, or contributed to
by an occupational disease,
compensation payable is
limited to the proportion of
compensation that would be
payable if the occupational
disease were the sole cause
of the disability or death. A
causal connection between
occupation and occupational
disease must be established
by a preponderance of the
evidence.
California
All diseases arising out
of and in the course of
employment5
State-appointed
qualified medical
examiners may be
used for medical
legal exams.
Within one year of date of injury or last payment.
Employee should know relation to employment.
Death-within one year if death is within one
year after injury; if not, within one year after last
medical payment.
Evidencebased
medical
treatment
Same as for accidents.
USCC Workers Comp 2024

Table of Contents for the Digital Edition of USCC Workers Comp 2024
