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This entry was published on 2014-09-22
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Limitation of right to compensation
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 2
§ 28. Limitation of right to compensation. The right to claim
compensation under this chapter shall be barred, except as hereinafter
provided, unless within two years after the accident, or if death
results therefrom within two years after such death, a claim for
compensation shall be filed with the chairman, but the employer and
insurance carrier shall be deemed to have waived the bar of the statute
unless the objection to the failure to file the claim within two years
is raised on the first hearing on such claim at which all parties in
interest are present. The right of an employee to claim compensation
under this chapter for disablement caused by any occupational disease
including but not limited to compressed air illness or its sequelae,
silicosis or other dust disease, latent or delayed pathological bone,
blood or lung changes or malignancies due to occupational exposure to or
contact with arsenic, benzol, beryllium, zirconium, cadmium, chrome,
lead or fluorine or to exposure to x-rays, radium, ionizing radiation,
radio-active substances, or any other chemical compound shall not be
barred by the failure of the employee to file a claim within such period
of two years, provided such claim shall be filed after such period of
two years and within two years after disablement and after the claimant
knew or should have known that the disease is or was due to the nature
of the employment. No case in which an advance payment is made to an
employee or to his dependents in case of death shall be barred by the
failure of the employee or his dependents to file a claim, and the board
may at any time order a hearing on any such case in the same manner as
though a claim for compensation had been filed.