2020 Analysis of Workers' Compensation Laws - 32

Chart IV-Coverage of Occupational Diseases

Jurisdiction

Nature of
Coverage1

Medical Boards Onset of Disability or Death

Time Limit on Claim Filing

Deductions
From Death
Awards

Medical Care

Compensation2

32 | 2020 Analysis of Workers' Compensation Laws

Alabama

All diseases; some
ordinary life diseases
under evidentiary
standards of proof

 

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.

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.

Disability
payments

Unlimited

Same as for accidents.3

Alaska

Occupational disease
or infection arising
naturally out of
the employment
or that naturally or
unavoidably arises
from an accidental
injury

 

 

Within two years of knowledge of relation to
employment. Death-within one year.

 

Reasonable and
necessary medical
treatment; subject
to frequency
standards

Same as for accidents.

Arizona

All diseases4

Commission may
appoint board
of three medical
consultants; report
is prima facie
evidence of facts

Silicosis or asbestosis-employer liable only
if exposure over two years.

Within one year of manifestation, knowledge of
disability, or accrual of right; excusable.

 

Unlimited

Same as for accidents.

Arkansas

All occupational
diseases resulting
in disability or death
and arising out of
and in the course of
employment

 

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.

Evidence-based
medical treatment

Same as for accidents.
2020 Analysis of Workers' Compensation Laws

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