2020 Analysis of Workers' Compensation Laws - 43

Chart IV-Coverage of Occupational Diseases, cont.

Notes, cont.
24.
North Carolina-If later totally disabled, full
compensation is paid. If death results within two years
after last exposure (350 weeks if caused by secondary
infection), full compensation is paid. If partially disabled,
66.66% of wage loss is paid for another 196 weeks. If
unrelated death, balance of 104 weeks is paid plus 300
weeks (total disability) or percentage of 196 weeks
(partial disability). Worker may waive full compensation
and receive 104 weeks of compensation plus 100 more
weeks if later disabled or dies.
25.
North Dakota-Police and firefighters who are paid
and full-time are presumed eligible for compensation if
lung or heart disease develops. Firefighters presumption
for cancer. Burden to disprove entitlement is on agency.

Ohio-Includes asbestosis, silicosis, and coal
miner's pneumoconiosis. Worker who is affected but not
disabled by respiratory dust disease and who changes
occupation may receive 50% of the state AWW weekly
for 30 weeks and, immediately following expiration of that
award, claimant may receive 66.66% of wages lost from
change of occupation for 100 weeks, but may not exceed
50% of the state AWW.
26.

27.
Oregon-Unless a presumption applies, worker
must prove employment conditions were the major
contributing cause of the occupational disease.
Conditions must be established by medical evidence
supported by objective findings. Absent the applicability
of a presumption, for mental disorders, worker must
also prove: (1) The employment conditions producing
the mental disorder exist in a real and objective sense;
(2) the employment conditions producing the mental
disorder are conditions other than those generally
inherent in every working situation or reasonable
disciplinary, corrective, or job performance evaluation
actions by the employer, or cessation of employment or
employment decisions attendant upon ordinary business
or financial cycles; (3) there is a diagnosis of a mental
or emotional disorder that is generally recognized
in the medical or psychological community; and (4)
there is clear and convincing evidence that the mental
disorder arose out of and in the course of employment.
Presumptions under the law apply to certain firefighters
who are diagnosed with specified types of heart and
lung conditions, cancer, post-traumatic stress disorder
(PTSD), and acute stress disorder. The presumption for
PTSD and acute stress disorder also applies to certain
emergency medical service providers, police officers,
correction officers, parole and probation officers, and
emergency dispatchers.

28.
Pennsylvania-State pays $175 monthly for total
disability or death caused by silicosis, anthracosilicosis,
coal miner's pneumoconiosis, or asbestosis provided
there has been two years of in-state exposure in cases
where the claim is barred by the statute of limitations
and the last exposure occurred before 1965 or where
exposure occurred under several employers and
claimant not otherwise compensated.
29.
South Dakota-Worker who is affected by silicosis
but not disabled may waive full compensation and if
later disabled or dies receive benefits up to 52 times the
maximum weekly benefit; if worker leaves employment,
may receive compensation up to $1,000.
30.
Utah-Compensation may not be awarded under
either the Occupational Disease Act or the Workers'
Compensation Act when the major contributing
cause of injury or disease is the use of illegal
substances, intentional abuse of prescription drugs, or
intoxication from alcohol with a blood or breath alcohol
concentration of 0.08 grams or greater. For purposes
of both Acts, it is presumed that the major contributing
cause of the employee's injury is the employee's conduct
at the time of injury, as shown by a chemical test. May
be rebutted by evidence. Benefits may be reduced by
15% if the employee's illegal use of drugs or alcohol is a
contributing cause of the employee's injury.
31.
Virginia-Ovarian and breast cancer in the case of
eligible firefighters and hazardous materials officers.
32.
Virginia-Five-year limitation does not apply to
cataract of the eyes, skin cancer, radium disability,
ulceration, undulant fever, angiosarcoma of the liver
due to vinyl chloride exposure, or mesothelioma.
Byssinosis-within seven years of last exposure;
coal miner's pneumoconiosis-within three years of
diagnosis; asbestosis-within two years of diagnosis
or, if based on changed condition, within two years of
diagnosis of advanced stage. No claim for an advanced
stage of asbestosis shall be denied on the ground that
there has been no subsequent accident. Claim must
be filed within two years of positive identification of
infection with HIV.
33.
Virginia-Compensation for advanced asbestosis or
mesothelioma is based on wages at the time of diagnosis
if employed in same employment where injurious
exposure occurred; otherwise based on the AWW of
worker in similar employment.
34.
Longshore Act-Time limit for OD where DOI
(manifest) occurs more than one year after retirement

2020 Analysis of Workers' Compensation Laws | 43

is two years of awareness of disability and relationship
to employment. However, OD that results in disability
after exposure, including hearing loss, carpal tunnel
syndrome, hand arm vibration syndrome, etc., the time
limit is one year from disability awareness. See Bath Iron
Works v. Director, 506 U.S. 153 (1993).
35.
Longshore Act-In PP disability claims, due to
OD where time of injury occurs after retirement,
compensation is 662/3% of national AWW multiplied by
the percentage of PMI (according to AMA guidelines),
payable while impairment continues.
36.
Manitoba-This provision applies to accidents on
or after 1/1/06. Act provides a rebuttal presumption of
compensation for firefighters who have regular exposure
to a fire scene (other than a forest fire scene) for a
prescribed minimum period and who contract primary
site brain, bladder, kidney, colorectal, esophageal,
testicular and ureter cancer, primary non-Hodgkin's
lymphoma, primary leukemia, multiple myeloma, prostate,
skin, and breast cancer. The cancer assumption also
applies to primary site lung cancer among nonsmoking
firefighters. Minimum employment periods range from
five years for leukemia to 25 years for esophageal
cancer. Manitoba Regulation 160/2005R also sets out
the minimum period of time for which a worker has
been a nonsmoker. The cancer presumption for full-time
firefighters applies to accidents which occurred on
or after 1/1/92. For part-time and volunteer firefighters
and the personnel of the fire commissioner's office, the
cancer presumption applies to accidents on or after
6/9/05. For firefighters, heart injury within 24 hours of
attendance at an emergency response is also presumed
to be work-related. This presumption applies to heart
injuries on or after 6/9/05. In 2016, legislation took effect
which granted presumptive entitlement for workers
diagnosed with post-traumatic stress disorder.
37.
New Brunswick-The expenses of death such as
burial amount is 40% of the New Brunswick Industrial
Aggregate Earnings, or NBIAE ($17,649.60 in 2020). Also,
a payment to the worker's estate in the event of death in
an amount equal to 50% of the NBIAE ($22,062.00 in 2020).
This totals $39,711.60.
38.
Québec-A worker age 55 or older who suffers from
an OD or age 60 or older who suffers from an injury and
is affected by a permanent physical or mental disability is
entitled to an income-replacement indemnity for as long
as he or she does not have a new job or a suitable job
with his or her employer.
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