2019 Analysis of Workers' Compensation Laws - 35

Chart IV-Coverage of Occupational Diseases, cont.

2019 Analysis of Workers' Compensation Laws | 35

Jurisdiction

Nature of
Coverage1

Ohio

All diseases

Medical specialist
in specific cases;
findings advisory

Oklahoma

All diseases resulting
in disability or death
and arising out of
and in the course
of employment or
naturally following or
unavoidably resulting
from a compensable
injury

IME may be ordered

Oregon

All diseases27

Pennsylvania

All diseases

IME may be ordered

Rhode
Island

All diseases

Medical Advisory
Board may order
IME by one or more
impartial physicians

South
Carolina

All diseases

Medical Board
may be used or
Commission can order
third-party medical
provider to review;
pulmonary cases
may be referred to
pulmonary specialist
of state medical
universities.

Medical Boards

Onset of Disability or Death

Time Limit on Claim Filing

Deductions
From Death
Awards

Medical
Care

Within two years of disability or death or within
six months of diagnosis, whichever is later.
Silicosis or asbestosis-within three
years after last injurious exposure. Other
occupational disease, except a diseased
condition caused by radiation-within one
year of last injurious exposure. Radiation-
no limitations apply to onset of disability or
death. Death-within the period for which
compensation has been paid or awarded or
timely claim made and results within seven
years after the last exposure.

Within 300 weeks of last exposure (except
death following disability that occurs
within 300 weeks of last exposure).
Silicosis, anthracosilicosis, or coal miner's
pneumoconiosis-must be in-state exposure
in two years during 10 years preceding
disability.

Within one year of last exposure, except
radiation. Pulmonary dust disease-within
two years. Byssinosis-within seven years
of last exposure.

Compensation2
Same as for accidents.
Respiratory dust disease-no
partial disability.26

Occupational disease-within two years from
last exposure. Silicosis or asbestosis-within
one year of disablement. Radiation-within two
years of awareness.

Unlimited

Same as for accidents.

The later of the two dates: (1) one year from
the date the worker discovered, or should have
discovered, the occupational disease; or (2) one
year from the date the worker becomes disabled
or is informed by a physician that the claimant
is suffering from an occupational disease. If
the disease results in death: one year from the
date the worker's beneficiary first discovered,
or should have discovered, that the cause of
the worker's death was due to the occupational
disease.

Same as for
injuries.

Same as for accidents.

The later of the following dates: (a) within one
year from date first discovered, or in exercise
of reasonable care should have discovered, the
occupational disease; or (b) one year from date
of disability or being informed by a physician
that worker is suffering from occupational
disease.

Unlimited

Same as for accidents.28

Within two years of disability or employee's
knowledge related to employment.

Unlimited

Same as for accidents.

Unlimited

Same as for accidents.
Worker who is affected but
not disabled may waive
compensation (except
radiation).

Within two years of diagnosis or death.
Radiation-limitation runs from date of
disability and claimant should know relation to
employment.

Disability
payments
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