(a) For other than occupational diseases described in (b), the
employee must give notice within thirty (30) days of the date of the
injury or death. For this purpose the date of injury or death is:
(1) The day on which a traumatic injury occurs;
(2) The date on which the employee or claimant is or by the exercise
of reasonable diligence or by reason of medical advice, should have been
aware of a relationship between the injury or death and the employment;
or
(3) In the case of claims for loss of hearing, the date the employee
receives an audiogram, with the accompanying report which indicates the
employee has suffered a loss of hearing that is related to his or her
employment. (See Sec. 702.441).
(b) In the case of an occupational disease which does not
immediately result in disability or death, notice must be given within
one year after the employee or claimant becomes aware, or in the
exercise of reasonable diligence or by reason of medical advice, should
have been aware, of the relationship between the employment, the disease
and the death or disability. For purposes of these occupational
diseases, therefore, the notice period does not
begin to run until the employee is disabled, or in the case of a retired
employee, until a permanent impairment exists.
(c) For purposes of workers whose coverage under this Act is
dependent on denial of coverage under a State compensation program, as
described in Sec. 701.401, the time limitations set forth above do not
begin to run until a final decision denying State coverage is issued
under the State compensation act.
(Approved by the Office of Management and Budget under control number
1215-0160)
[50 FR 397, Jan. 3, 1985, as amended at 51 FR 4283, Feb. 3, 1986]
