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2009 SESSION

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HB 2252 Workers' compensation; establishes limitations period in which public safety employee may claim.

Introduced by: William K. Barlow | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Workers' compensation; occupational disease presumption limitation.  Establishes a limitations period in which a public safety employee may bring a compensation claim under the Workers' Compensation Act for hepatitis, meningococcal meningitis, or tuberculosis at two years after a positive test for exposure to the occupational disease is first communicated to the employee. The limitation applies only to those public safety employees who are entitled to the existing presumption that hepatitis, meningococcal meningitis, tuberculosis, or HIV for which there is a documented occupational exposure have incurred an occupational disease. Existing law provides that the limitations period for claims involving HIV is two years after a positive test for infection with human immunodeficiency virus, while the limitations period for hepatitis, meningococcal meningitis, or tuberculosis is the earlier to occur of (i) two years after a diagnosis of the disease is first communicated to the employee or (ii) five years from the date of the last injurious exposure in employment.


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