2019 Analysis of Workers' Compensation Laws - 31

Chart IV-Coverage of Occupational Diseases, cont.
Nature of
Coverage1

Medical Boards

Onset of Disability or Death

Time Limit on Claim Filing

Colorado

All diseases which
result directly from
employment or
conditions under
which work was
performed

Division IME must
be overcome by
clear and convincing
evidence in disputes
over MMI and whole
person impairment.

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.

Connecticut

All diseases

Panel of three
physicians may
be appointed by
commissioner to
resolve medical
issues involving lung
diseases

Delaware

Deductions
From Death
Awards

Medical
Care

Compensation2

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.

Unlimited

Same as for accidents.

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.

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 §31307a, whichever is greater.

All diseases

Disability or death-within two years of
knowledge of relation to employment.

Unlimited

Same as for accidents.

District of
Columbia

All diseases

Within one year of disability, death, last
payment, or knowledge of relation to
employment.

Unlimited

Same as for accidents.

Florida

All diseases arising
out of and in the
course of employment

Death-following continuous disability and
within 350 weeks of last exposure.

Within two years of disability, death, or
employee's first knowledge of exposure.

Unlimited

Same as for accidents.

Georgia

All diseases
arising out of and
in the course of
employment6

Disablement means the event of an
employee becoming actually disabled to
work as otherwise defined in the Workers'
Compensation Act.

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.

Unlimited

Same as for accidents.

Hawaii

All diseases

Within two years after claimant knows relation
to employment.

Unlimited

Same as for accidents.

Idaho

All diseases7

Employer liable for non-acute disease only
if exposure lasts at least 60 actual working
days.

Within one year of manifestation or death.

Unlimited

Same as for accidents.
Silicosis-partial disability
noncompensable; if later
disabled, receive benefits up
to $5,000.

Illinois

All diseases

Disability-within two years of last
exposure. Berylliosis, silicosis, or
asbestosis-within three years. Radiation-
within 25 years.

Disability-within three years or two years
after last payment. Death-within three
years of death or last payment. Coal miner's
pneumoconiosis-within five years of last
exposure or payment. Radiation or asbestosis-
within 25 years of last exposure.

Unlimited

Same as for accidents.

Jurisdiction

2019 Analysis of Workers' Compensation Laws | 31

IME by physician
chosen by agreement
of parties or
appointment of board

Disability
payments
2019 Analysis of Workers' Compensation Laws

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