Section 28. Limitation of right to compensation  


Latest version.
  • The  right  to claim
      compensation under this chapter shall be barred, except  as  hereinafter
      provided,  unless  within  two  years  after  the  accident, or if death
      results therefrom within  two  years  after  such  death,  a  claim  for
      compensation  shall  be  filed  with  the chairman, but the employer and
      insurance carrier shall be deemed to have waived the bar of the  statute
      unless  the  objection to the failure to file the claim within two years
      is raised on the first hearing on such claim at  which  all  parties  in
      interest  are  present.  The  right of an employee to claim compensation
      under this chapter for disablement caused by  any  occupational  disease
      including  but  not  limited  to compressed air illness or its sequelae,
      silicosis or other dust disease, latent or  delayed  pathological  bone,
      blood or lung changes or malignancies due to occupational exposure to or
      contact  with  arsenic,  benzol,  beryllium, zirconium, cadmium, chrome,
      lead or fluorine or to exposure to x-rays, radium,  ionizing  radiation,
      radio-active  substances,  or  any  other chemical compound shall not be
      barred by the failure of the employee to file a claim within such period
      of two years, provided such claim shall be filed after  such  period  of
      two  years and within two years after disablement and after the claimant
      knew or should have known that the disease is or was due to  the  nature
      of  the  employment.  No  case in which an advance payment is made to an
      employee or to his dependents in case of death shall be  barred  by  the
      failure of the employee or his dependents to file a claim, and the board
      may  at  any time order a hearing on any such case in the same manner as
      though a claim for compensation had been filed.