(a) Where a person entitled to compensation under the Act is
mentally incompetent or a minor, the time limitation provision of
Sec. 702.221 shall not apply to a mentally incompetent person so long as
such person has no guardian or other authorized representative, but
Sec. 702.221 shall be applicable from the date of appointment of such
guardian or other representative. In the case of minor who has no
guardian before he or she becomes of age, time begins to run from the
date he or she becomes of age.
(b) Where a person brings a suit at law or in admiralty to recover
damages in respect of an injury or death, or files a claim under a State
workers' compensation act because such person is excluded from this
Act's coverage by reason of section 2(3) or 3(d) of the Act (33 U.S.C.
902(3) or 903(d)), and recovery is denied because the person was an
employee and defendant was an employer within the meaning of the Act,
and such employer had secured compensation to such employee under the
Act, the time limitation in Sec. 702.221 shall not begin to run until
the date of termination of such suit or proceeding.
(c) Notwithstanding the provisions in paragraph (a) of this section,
where the claim is one based on disability or death due to an
occupational disease which does not immediately result in death or
disability, it must be filed within two years 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, or
within one year of the date of last payment of compensation, whichever
is later. For purposes of occupational disease, therefore, the time
limitation for filing a claim does not begin to run until the employee
is disabled, or in the case of a retired employee, where a permanent
impairment exists.
(d) The time limitations set forth above do not apply to claims
filed under section 49 of the Act, 33 U.S.C. 949.
(Approved by the Office of Management and Budget under control number
1215-0160)
[50 FR 398, Jan. 3, 1985]
