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<section article="gle" article_name="Labor and Employment" number="9-711" title_number="9" title_name="Workers' Compensation" subtitle_number="7" subtitle_name="Claims Procedure, Hearings, and Appeals">
  <level label="a">
    <level label="1">
      <text>If a covered employee suffers a disablement or death as a result of an occupational disease, the covered employee or the dependents of the covered employee shall file a claim application form with the Commission within 2 years, or in the case of pulmonary dust disease within 3 years, after the date:</text>
      <level label="i">
        <text>of disablement or death; or</text>
      </level>
      <level label="ii">
        <text>when the covered employee or the dependents of the covered employee first had actual knowledge that the disablement was caused by the employment.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>A claim application form filed under paragraph (1) of this subsection shall include an authorization by the claimant for the release, to the claimant’s attorney, the Uninsured Employers’ Fund, the Subsequent Injury Fund, the claimant’s or covered employee’s employer, and the insurer of the claimant’s or covered employee’s employer, or an agent of the claimant’s attorney, the Uninsured Employers’ Fund, the Subsequent Injury Fund, the claimant’s or covered employee’s employer, or the insurer of the claimant’s or covered employee’s employer, of medical and financial information that may be relevant to:</text>
        <level label="1">
          <text>the member of the body that was injured, as indicated on the claim application form; and</text>
        </level>
        <level label="2">
          <text>the description of how the occupational disease occurred, as indicated on the claim application form.</text>
        </level>
      </level>
      <level label="ii">
        <text>An authorization under subparagraph (i) of this paragraph:</text>
        <level label="1">
          <text>includes the release of information relating to the history, findings, office and patient charts, files, examination and progress notes, physical evidence, and additional claims filed by the claimant;</text>
        </level>
        <level label="2">
          <text>includes the release of information in the custody of the Commission;</text>
        </level>
        <level label="3">
          <text>is effective for 1 year from the date the claim is filed; and</text>
        </level>
        <level label="4">
          <text>does not restrict the redisclosure of medical information or written material relating to the authorization to a medical manager, health care professional, or certified rehabilitation practitioner.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="b">
    <text>Unless waived under subsection (c) of this section, failure to file a claim in accordance with subsection (a) of this section bars a claim under this title.</text>
  </level>
  <level label="c">
    <text>The defense of failure to file a claim in accordance with subsection (a) of this section is waived if the employer or its insurer:</text>
    <level label="1">
      <text>fails to raise the defense of the failure to file the claim at a hearing on the claim before the Commission makes any award or decision;</text>
    </level>
    <level label="2">
      <text>pays compensation for the disability or death resulting from the occupational disease; or</text>
    </level>
    <level label="3">
      <text>by its affirmative conduct leads the covered employee or other claimant to reasonably believe that the requirement of filing a claim has been waived.</text>
    </level>
  </level>
</section>
