44-5a17. Notice of disease and filing of claim; deemed waived, when. - Kansas Statutes

44-5a17

Chapter 44.--LABOR AND INDUSTRIES Article 5a.--OCCUPATIONAL DISEASES

      44-5a17.   Notice of disease and filing of claim; deemed waived,when.Written notice of an occupational disease shall be given to the employerby the employee or workman or someone on his behalf within ninety (90)days after disablement therefrom, and in the case of death from such anoccupational disease, written notice of such death shall also be givento the employer within ninety (90) days thereafter. Failure to giveeither of such notices shall be deemed waived unless objection is madeat a hearing on the claim prior to any award or decision thereon. Actualknowledge of such disablement, by the employer in whose employment theemployee or workman was last injuriously exposed, or by the responsiblesuperintendent or foreman in charge of the work, shall be deemed noticewithin the meaning of this section. If no claim for disability or deathfrom an occupational disease be filed with the workmen's compensationdirector or served on the employer within one (1) year from the date ofdisablement or death, as the case may be, the right to compensation forsuch disease shall be forever barred: Provided, however, That thefailure to file or serve a claim within the time limited herein shall bedeemed waived unless objection to such failure be made at a hearing onsuch claim before any award or decision thereon.

      Notice or claim shall be deemed waived in case of disability or deathwhere the employer or insurance carrier makes compensation paymentstherefor, or, within the time above limited, the employer or hisinsurance carrier by his or its conduct leads the employee or workman orclaimant reasonably to believe that notice or claim has been waived.

      The time limit prescribed by this section shall not apply in the caseof an employee whose disablement or death is or was caused by latent ordelayed pathological conditions, changes or malignancies due to theoccupational exposure to X-rays, radium, radioactive substances ormachines, or ionizing radiation: Provided, however, That no claimsshall be allowed unless a claim has been filed within one year after thedate upon which the employee first suffered incapacity from the exposureto radiation and either knew or in the exercise of reasonable diligenceshould have known that the occupational disease was caused by hispresent or prior employment.

      History:   L. 1953, ch. 246, § 17; L. 1959, ch. 222, § 2; L. 1963, ch. 274, §2; June 30.