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RCW 51.28.055

Time limitation for filing claim for occupational disease—Notice—Hearing loss claims—Rules. (Effective until June 30, 2027.)

Applied in 19 court decisions — leading case 125 Wash. 2d 222 - Kilpatrick v. Department of Labor & Industries (1995)

Most recently applied in Sheila Larose, Appellant/cross-resp v. King County And Pda, Respondent/cross-appellants (March 2019)

2004 c 65 s 7; 2003 2nd sp.s. c 2 s 1; 1984 c 159 s 2; 1977 ex.s. c 350 s 34; 1961 c 23 s 51.28.055

How often courts cite this section

1979199020002010201940
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Except as provided in subsection (2) of this section for claims filed for occupational hearing loss, claims for occupational disease or infection to be valid and compensable must be filed within two years following the date the worker had written notice from a physician or a licensed *advanced registered nurse practitioner: (a) Of the existence of his or her occupational disease, and (b) that a claim for disability benefits may be filed. The notice shall also contain a statement that the worker has two years from the date of the notice to file a claim. The physician or licensed *advanced registered nurse practitioner shall file the notice with the department. The department shall send a copy to the worker and to the self-insurer if the worker's employer is self-insured. However, a claim is valid if it is filed within two years from the date of death of the worker suffering from an occupational disease.

(2)(a) Except as provided in (b) of this subsection, to be valid and compensable, claims for hearing loss due to occupational noise exposure must be filed within two years of the date of the worker's last injurious exposure to occupational noise in employment covered under this title or within one year of September 10, 2003, whichever is later.

(b) A claim for hearing loss due to occupational noise exposure that is not timely filed under (a) of this subsection can only be allowed for medical aid benefits under chapter 51.36 RCW.

(3) The department may adopt rules to implement this section.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.