USCC Workers Comp 2024 - 41

Chart IV-Coverage of Occupational Diseases, cont.
Notes
Employer and insurance carrier at time of last
exposure are liable in Arkansas, Colorado (employer is
liable where the employee was last injuriously exposed
and suffered substantial permanent aggravation),
Delaware, District of Columbia, Florida, Georgia, Illinois,
Indiana, Kansas, Kentucky, Maine, Maryland, New
Hampshire, North Carolina, Oklahoma, South Carolina,
Tennessee, Vermont, and Virginia. Employer at time
of last exposure is liable in Alabama, Arizona, Iowa,
Michigan, Minnesota, Missouri, Montana, New Mexico,
North Dakota, Pennsylvania, South Dakota, Texas, and
Utah. Liability apportioned among responsible employers
in Connecticut, New York, Rhode Island, and Washington.
California limits liability to employer during last year of
exposure.
2.
1.
Benefits determined as of the date of last injury in
Arkansas, Georgia, Illinois, Indiana, Kentucky, Louisiana,
Maine, Michigan, Minnesota, Missouri, Nevada, New
Jersey, South Dakota, Texas, Washington, West Virginia,
Wisconsin, and Wyoming. Benefits determined as
of the date of disability, knowledge, or manifestation
in Alabama, Alaska, Arizona, California, Colorado,
Connecticut, Delaware, Florida, Hawaii, Idaho, Iowa,
Maryland, Massachusetts, Minnesota, Mississippi,
Montana, Nebraska, New Hampshire, New Mexico, New
York, North Carolina, North Dakota, Ohio, Oklahoma,
Oregon, Pennsylvania, Rhode Island, South Carolina,
Tennessee, Utah, Vermont, and Washington (date of
injury after 7/1/88).
3.
Arizona-HIV infection is covered if employee
handles bodily fluids (excluding tears, saliva, and
perspiration). Specifically excludes sexual activity and
illegal drug use as a cause of infection. If certain criteria
are met, a disease, infirmity, or impairment caused by
certain cancers or leukemia resulting in disability or
death to a firefighter or peace officer is an OD as defined
in the law and is deemed to arise out of employment.
5.
personnel from presumptive medical apportionment
of the causes of certain diseases, including hernias,
heart diseases, from cancer, tuberculosis, blood-borne
diseases, and others in workers' compensation cases.
6.
Georgia-Employees must prove: (a) A direct causal
connection between the conditions under which
the work is performed and the disease; (b) that the
disease followed as a natural incident of exposure by
reason of the employment; (c) that the disease is not
of a character to which the employee may have had
substantial exposure outside of the employment; (d) that
the disease is not an ordinary disease of life to which the
general public is exposed; and (e) that the disease must
appear to have had its origin in a risk connected with the
employment and to have flowed from that source as a
natural consequence.
7.
Idaho-AIDS, AIDS-related complexes, HIV
infections, and Hepatitis B virus are covered for any
occupation with exposure to bodily fluids. Silicosis
involves more specific exposure periods.
8.
amounts due to the employee during his or her lifetime
for an award of permanent total disability shall be paid
after the enhanced benefits for " occupational diseases
due to toxic exposure " have been exhausted. (d) Should
the employee die before all of the enhanced benefits
for " occupational diseases due to toxic exposure " have
been paid, the remainder of the enhanced benefits
are payable to the employee's spouse or children,
natural or adopted, legitimate or illegitimate, in addition
to the benefits provided for a death due to any other
compensable cause. If there is no surviving spouse or
children and the employee, in his or her lifetime, has not
received all of the enhanced benefits for " occupational
diseases due to toxic exposure, " the remainder of such
enhanced benefits shall be paid as a single payment
to the estate of the employee. (e) If the employee is
diagnosed with mesothelioma and the employer has
rejected mesothelioma liability, then the " exclusive
remedy " provisions under §287.120 shall not apply.
17.
Indiana-Within 20 years, if last asbestos dust
exposure occurs on or after 7/1/85, three years if last
exposure occurred before 7/1/85.
9.
Iowa-Death from respiratory disease of coal miner
employed 10 years presumed due to pneumoconiosis.
10.
Alabama-If compensation is payable for OD other
than pneumoconiosis or radiation, employer at time of
last exposure is liable.
4.
Kansas-Worker who is affected but not disabled
may waive full compensation and, if later disabled,
receive benefits up to 100 weeks.
11.
Kentucky-Applies to asbestos-related disease
claims filed on or after 7/15/86.
12.
Louisiana-Mental injury, heart-related, and
perivascular diseases are not ODs, but under certain
circumstances are compensable.
13.
Montana-All diseases and events occurring on
more than a single day or work shift are compensable
if the workplace exposures are the major contributing
cause of the occupational disease in relation to other
factors contributing to the occupational disease.
Presumptive disease legislation for firefighters became
effective on July 1, 2019. Presumptive disease can arise
from a single work shift for the following conditions:
bladder cancer, brain cancer, breast cancer, myocardial
infarction, colorectal cancer, esophageal cancer,
kidney cancer, leukemia, mesothelioma, non-Hodgkins
lymphoma, multiple myeloma, and lung cancer.
18.
Maine-Asbestos-related diseases not covered
by Maine Act if, at time of last injurious exposure, the
employee was covered by federal Longshore Act or
FECA.
14.
California-For peace officers and firefighters who
develop hepatitis, meningitis, and/or cancer, presumption
of compensability is only rebuttable if not related to
employment or if the carcinogen is not reasonably
linked to cancer. Claims for benefits filed or pending
on or after 1/1/1997 define cancer to include leukemia.
Limitations on post-termination stress cases. Dependents
of a worker whose HIV-related death occurs more than
240 weeks after date of the initial injury will receive
death benefits. Claims for the aforementioned must be
made within one year from the date of death, providing
that a report of the injury or exposure was made to the
employer or the proper government agency authorized
to administer industrial injury claims within one year
of the date of injury, the worker has complied with the
state's notice provisions, and the claim has not been
determined noncompensable. The employer provides
workers' compensation benefits for the injury prior
to the date of death. In 2001, presumptions of work
relatedness were added for lower back impairment of
certain law enforcement personnel (labor code §3213.2);
meningitis and other presumptions for peace officers of
the Department of Correction, Department of the Youth
Authority, and others (3212.10); skin cancer for certain
active lifeguards (3212.11). In 2002, presumptions were
added for injuries to public safety employees from
exposure to a biochemical substance (AB 1857) and
injuries to specified peace officers and members of
the California Conservation Corps who contract Lyme
disease while working in high-risk areas (AB 2125). In
2003, presumptions were added that extend the time
period to file for the death of a firefighter from asbestosis
to one year from the date of death (AB 149). 2006:
Assembly Bill 1368, Laws of 2006, Chapter 836: Exempts
various peace officers, firefighters, and other safety
Nevada-NRS 617.450 lists a schedule of 22
occupational diseases which are covered. Many of the
ODs covered under this statute are various types of
chemical poisoning.
20.
Michigan-Silicosis, dust disease, and logging
industry: Fund reimburses compensation over $25,000 or
104 weeks, whichever is greater, for injury after 6/30/85.
Fund also reimburses benefits in cases of exposure to
brominated biphenyl before 7/24/79 and where disability
or death occurs or becomes known after 7/24/79.
15.
Montana-A representative may apply for and
receive silicosis payments on behalf of an eligible person
or beneficiary.
19.
Minnesota-Specifically covers a disease or injury
resulting from a vaccine in response to a declaration by
the U.S. Department of Health and Human Services to
address an actual or potential health risk. Effective for
dates of injury on or after 10/1/13, post-traumatic stress
disorder is included in the definition of occupational
disease and personal injury, defined as a diagnosis of
post-traumatic stress disorder by a licensed psychiatrist
or psychologist. " Post-traumatic stress disorder "
means the condition as described in the most recently
published edition of the Diagnostic and Statistical
Manual of Mental Disorders by the American Psychiatric
Association.
16.
Nevada-Additional testing and incubation rules
apply to contagious diseases. If injured employee works
as a police officer or firefighter for five continuous
years and subsequently develops heart disease, it is
conclusively presumed to have arisen out of employment;
lung disease is presumed to have arisen out of
employment for these individuals after two years. Cancer
and hearing loss may be considered occupational
diseases for firefighters in specified circumstances.
Hepatitis may be an OD for police officers, firefighters,
and emergency medical attendants who meet the
requirements of NRS 617.485 or NRS 617.487.
21.
New Mexico-Occupational Disease Disablement
Law applies to employers of three or more but excepts
employers of ranching or agricultural laborers,
employers of private domestic servants, and qualified
real estate salespersons.
22.
Missouri-Section 287.200.4. RSMo, effective
1/1/14, provides enhanced benefits to employees with
" occupational diseases due to toxic exposure " (as
defined by §287.020.11, RSMo, effective 1/1/14), which
result in a permanent total disability or death as follows:
(a) For occupational diseases due to toxic exposure,
but not including mesothelioma, an amount equal to
200% of the state's AWW (as of the date of diagnosis)
shall be paid to the employee for 100 weeks. (b) If the
employee is diagnosed with mesothelioma (and if the
employer has accepted mesothelioma liability), an
amount equal to 300% of the state's AWW shall be
paid to the employee for 212 weeks-provided that
any employee who obtains benefits for asbestosis and
who later obtains an award for mesothelioma shall not
receive more benefits than such employee would receive
having only obtained benefits for mesothelioma. (c) The
2024 Analysis of Workers' Compensation Laws | 41
New York-State and local correctional officers,
Office of Mental Health safety and security officers,
Office of Mental Health security hospital treatment
assistants, and Office of Court Administration uniformed
court officers and court clerks, court reporters, and court
interpreters with peace officer powers: Exposure to
bodily fluids during the course of employment presumed
to be injurious exposure if, subsequent to the exposure,
the correctional officer is diagnosed with a blood-borne
disease (WCL §47). WCL §47 also contains certain
presumptions for claimants in relation to exposure to
compressed air and harmful dust. Participants in World
Trade Center rescues, recovery, or cleanup operations
who suffer or may suffer in the future from a qualifying
condition as defined in WCL Article 8-A.
23.
New York-Disability or death prior to 8/1/94 due
to silicosis or dust disease reimbursed from special
fund for all payments over 104 weeks; reimbursed for
all payments over 260 weeks where death or disability
USCC Workers Comp 2024

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