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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 413 By: Daniels
AS INTRODUCED
An Act relating to workers’ compensation; amending
85A O.S. 2021, Section 69, which relates to statute
of limitations; defining term; an d providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 85A O.S. 2021, Section 69, is
amended to read as follows:
Section 69. 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 Commissi on within one (1) year from the date
of the injury or, if the employee ha s 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 means the date an injury is caused
by an accident as set forth in paragraph 9 of Section 2 of this
title, and date of issuance of medical benefits means the date of
service of the medical bene fit.
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2. a. A claim for compensation for disability on accoun t 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 s hall be filed with the
Commission within one (1) ye ar 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 f or disability on account of
a disease condition cau sed by exposure to X -rays,
radioactive substances, or ionizing radiation only
shall be filed with the Commission within two (2)
years from the date the condition is made known to an
employee following exam ination 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:
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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 tre atment,
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 inter est
have been given a reasonable notice and opportunity to be h eard by
the Commission.
C. Persons under Disabilit y.
1. Notwithstanding a ny 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 gu ardian or
similar legal representative. The limitations prescr ibed in
subsection A of this section shall apply to the mental incompetent
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or minor from the date of the appointment of a guardian or similar
legal representative for that person, and when no g uardian or
similar representative has been appointed, to a mino r on reaching
the age of majority.
D. A latent injury or condition shall n ot 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 su bsection A of this section.
SECTION 2. This act shall become effective November 1, 2023.
59-1-361 TEK 1/16/2023 1:01:27 PM