2020 Analysis of Workers' Compensation Laws - 39

Chart IV-Coverage of Occupational Diseases, cont.

Jurisdiction

Nature of
Coverage1

Medical Boards Onset of Disability or Death

Time Limit on Claim Filing

Deductions
From Death
Awards

Medical Care

Compensation2

2020 Analysis of Workers' Compensation Laws | 39

Washington

All diseases,
excluding mental
conditions or
disabilities caused
by stress, except for
certain firefighters,
emergency medical
technicians, and law
enforcement officers

 

 

Within two years following the date the worker
had written notice from a physician or a licensed
advanced registered nurse practitioner that the
occupational disease exists.

 

Unlimited

Same as for accidents.

West
Virginia

All diseases except
mental claims

 

Pneumoconiosis-two years of continuous
exposure in the 10 years prior to last
exposure or five years' cumulative exposure
within the 15 years prior to date of last
exposure.

Pneumoconiosis-within three years of last
exposure or after a diagnosed impairment due to
occupational pneumoconiosis was made known
to the employee by a physician. Death-within
two years. Occupational Disease-within three
years of last exposure, the date the OD was
made known to the employee by a physician or
reasonable knowledge. Death-within one year.

 

Unlimited except
pneumoconiosis
claims, where
medical care
is based on
percentage of
impairment

Same as for accidents.
Pneumoconiosis-benefits
for federal claims are paid
from the Coal Workers'
Pneumoconiosis Fund.

Wisconsin

All diseases

IME may be
ordered.

Disability date is last day of work for last
employer whose employment caused
disability.

Within two years after knowledge of relation to
employment. After 12 years, claim may be filed
with Work Injury Supplemental Benefit Fund.

 

Unlimited

Same as for accidents.

Wyoming

All diseases

Medical
Commission issues
final decision on
disputed medical
issues.

 

Within one year of diagnosis or three years after
exposure, whichever is later. Radiation-within
one year of diagnosis or death.

Disability
payments

Unlimited

Same as for injuries.

American
Samoa

No specific provisions

Virgin
Islands

All diseases

Board may order
IME.

Notification must be given to employer or
any of his or her agents within 30 days of
manifestation or written notice within 90
days at discretion of director.

First claim filed within 60 days; excusable.

 

Same as for
accidents

Same as for accidents.

FECA

All diseases

 

 

Within three years of injury, death, or
disability and claimant should know relation to
employment; excusable.

 

Unlimited; subject
to fee schedule

Same as for accidents.

Longshore
Act

All diseases

 

Written notification must be given to
employer within 30 days of occurrence or
within 30 days of awareness the injury or
disability is related to the employment.

Within two years after knowledge of relation to
employment or one year after last payment.34

 

Unlimited

Same as for accidents.35
2020 Analysis of Workers' Compensation Laws

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