§85A-69. Statute of limitations.
634 words·~3 min read·
/ok/title-85a-workers-compensation/85a-69·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Time for Filing.
1. A claim for benefits under this act, other than an occupational disease, shall be barred unless it is filed with the Workers' Compensation Commission within one
(1)year from the date of the injury or, if the employee has received benefits under this title for the injury, six
(6)months from the date of the last issuance of such benefits. For purposes of this section, the date of the injury shall be defined as the date an injury is caused by an accident as set forth in paragraph 9 of Section 2 of this title.
2. a. A claim for compensation for disability on account of
injury which is either an occupational disease or
occupational infection shall be barred unless filed
with the Commission within two
(2)years from the date
of the last injurious exposure to the hazards of the
disease or infection.
b. A claim for compensation for disability on account of
silicosis or asbestosis shall be filed with the
Commission within one
(1)year after the time of
disablement, and the disablement shall occur within
three
(3)years from the date of the last injurious
exposure to the hazard of silicosis or asbestosis.
c. A claim for compensation for disability on account of
a disease condition caused by exposure to X-rays,
radioactive substances, or ionizing radiation only
shall be filed with the Commission within two
years from the date the condition is made known to an
employee following examination and diagnosis by a
medical doctor.
3. A claim for compensation on account of death shall be barred unless filed with the Commission within two
(2)years of the date of such a death.
4. If a claim for benefits has been timely filed under paragraph 1 of this subsection and the employee does not:
a. make a good-faith request for a hearing to resolve a
dispute regarding the right to receive benefits,
including medical treatment, under this title within
six
(6)months of the date the claim is filed, or
b. receive or seek benefits, including medical treatment,
under this title for a period of six
(6)months, then on motion by the employer, the claim shall be dismissed with prejudice.
B. Failure to File. Failure to file a claim within the period prescribed in subsection A of this section shall not be a bar to the right to benefits hereunder unless objection to the failure is made at the first hearing on the claim in which all parties in interest have been given a reasonable notice and opportunity to be heard by the Commission.
C. Persons under Disability.
1. Notwithstanding any statute of limitation provided for in this act, when it is established that failure to file a claim by an injured employee or his or her dependents was induced by fraud, the claim may be filed within one
(1)year from the time of the discovery of the fraud.
2. Subsection A of this section shall not apply to a mental incompetent or minor so long as the person has no guardian or similar legal representative. The limitations prescribed in subsection A of this section shall apply to the mental incompetent or minor from the date of the appointment of a guardian or similar legal representative for that person, and when no guardian or similar representative has been appointed, to a minor on reaching the age of majority.
D. A latent injury or condition shall not delay or toll the limitation periods specified in this section. This subsection shall
not apply to the limitation period for occupational diseases specified in paragraph 2 of subsection A of this section. Added by Laws 2013, c. 208, § 69, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 27, emerg. eff. May 28, 2019.