Sec. 742.38. (A)(1) The board of trustees of the Ohio police | 14 |
and fire pension fund shall adopt rules establishing minimum | 15 |
medical testing and diagnostic standards or procedures to be | 16 |
incorporated into physical examinations administered by physicians | 17 |
to prospective members of the fund. The standards or procedures | 18 |
shall include diagnosis and evaluation of the existence of any | 19 |
heart disease, cardiovascular disease, or respiratory disease. The | 20 |
rules shall specify the form of the physician's report and the | 21 |
information to be included in it. | 22 |
(2) Division (A)(2) of this section applies to an employee | 31 |
who becomes a member of the fund on or after the date the minimum | 32 |
standards or procedures described in division (A)(1) of this | 33 |
section take effect. For each employee described in division | 34 |
(A)(2) of this section, the employer shall forward to the board a | 35 |
copy of the physician's report of a physical examination that | 36 |
incorporates the standards or procedures described in division | 37 |
(A)(1) of this section. If an employer fails to forward the report | 38 |
in the form required by the board on or before the date that is | 39 |
sixty days after the employee becomes a member of the fund, the | 40 |
board shall assess against the employer a penalty determined under | 41 |
section 742.353 of the Revised Code. | 42 |
(B) Application for a disability benefit may be made by a | 43 |
member of the fund or, if the member is incapacitated as defined | 44 |
in rules adopted by the board, by a person acting on the member's | 45 |
behalf. Not later than fourteen days after receiving an | 46 |
application for a disability benefit from a member or a person | 47 |
acting on behalf of a member, the board shall notify the member's | 48 |
employer that an application has been filed. The notice shall | 49 |
state the member's position or rank. Not later than twenty-eight | 50 |
days after receiving the notice or filing an application on behalf | 51 |
of a member, the employer shall forward to the board a statement | 52 |
certifying the member's job description and any other information | 53 |
required by the board to process the application. | 54 |
If the member applying for a disability benefit becomes a | 55 |
member of the fund prior to the date the minimum standards or | 56 |
procedures described in division (A)(1) of this section take | 57 |
effect, the board may request from the member's employer a copy of | 58 |
the physician's report of the member's physical examination taken | 59 |
on entry into the police or fire department or, if the employer | 60 |
does not have a copy of the report, a written statement certifying | 61 |
that the employer does not have a copy of the report. If an | 62 |
employer fails to forward the report or statement in the form | 63 |
required by the board on or before the date that is twenty-eight | 64 |
days after the date of the request, the board shall assess against | 65 |
the employer a penalty determined under section 742.353 of the | 66 |
Revised Code. The board shall maintain the information submitted | 67 |
under this division and division (A)(2) of this section in the | 68 |
member's file. | 69 |
(2) A member of the fund who is partially disabled as the | 113 |
result of the performance of the member's official duties as a | 114 |
member of a police or fire department shall, if the disability | 115 |
prevents the member from performing those duties and impairs the | 116 |
member's earning capacity, receive annual disability benefits in | 117 |
accordance with division (B) of section 742.39 of the Revised | 118 |
Code. In determining whether a member of the fund is partially | 119 |
disabled, the board shall consider standards adopted under | 120 |
division (C) of this section applicable to the determination. | 121 |
(4) A member of the fund who has completed five or more years | 151 |
of active service in a police or fire department and has incurred | 152 |
a disability not caused or induced by the actual performance of | 153 |
the member's official duties as a member of the department, or by | 154 |
the member's own negligence, shall if the disability prevents the | 155 |
member from performing those duties and impairs the member's | 156 |
earning capacity, receive annual disability benefits in accordance | 157 |
with division (C) of section 742.39 of the Revised Code. In | 158 |
determining whether a member of the fund is disabled, the board | 159 |
shall consider standards adopted under division (C) of this | 160 |
section applicable to the determination. | 161 |
(5) The board shall notify a member of its final action | 162 |
awarding a disability benefit to the member within thirty days of | 163 |
the final action. The notice shall be sent by certified mail, | 164 |
return receipt requested. Not later than ninety days after receipt | 165 |
of notice from the board, the member shall elect, on a form | 166 |
provided by the board, either to accept or waive the disability | 167 |
benefit award. If the member elects to waive the disability | 168 |
benefit award or fails to make an election within the time period, | 169 |
the award is rescinded. A member who later seeks a disability | 170 |
benefit award shall be required to make a new application, which | 171 |
shall be dealt with in accordance with the procedures used for | 172 |
original disability benefit applications. | 173 |
With the exception of persons who may make application for | 180 |
increased benefits as provided in division (D)(2) or (4) of this | 181 |
section or division (C)(3) or (5) of former section 742.37 of the | 182 |
Revised Code on or after July 24, 1986, or persons who may make | 183 |
application for benefits as provided in section 742.26 of the | 184 |
Revised Code, no person receiving a pension or benefit under this | 185 |
section or division (C) of former section 742.37 of the Revised | 186 |
Code may apply for any new, changed, or different benefit. | 187 |
Except as provided in this section, not earlier than | 190 |
twenty-six weeks after the date of termination of the latest | 191 |
period of payments under section 4123.56 of the Revised Code, or | 192 |
not earlier than twenty-six weeks after the date of the injury or | 193 |
contraction of an occupational disease in the absence of payments | 194 |
under section 4123.56 of the Revised Code, the employee may file | 195 |
an application with the bureau of workers' compensation for the | 196 |
determination of the percentage of the employee's permanent | 197 |
partial disability resulting from an injury or occupational | 198 |
disease. | 199 |
Whenever the application is filed, the bureau shall send a | 200 |
copy of the application to the employee's employer or the | 201 |
employer's representative and shall schedule the employee for a | 202 |
medical examination by the bureau medical section. The bureau | 203 |
shall send a copy of the report of the medical examination to the | 204 |
employee, the employer, and their representatives. Thereafter, the | 205 |
administrator of workers' compensation shall review the employee's | 206 |
claim file and make a tentative order as the evidence before the | 207 |
administrator at the time of the making of the order warrants. If | 208 |
the administrator determines that there is a conflict of evidence, | 209 |
the administrator shall send the application, along with the | 210 |
claimant's file, to the district hearing officer who shall set the | 211 |
application for a hearing. | 212 |
The administrator shall notify the employee, the employer, | 213 |
and their representatives, in writing, of the tentative order and | 214 |
of the parties' right to request a hearing. Unless the employee, | 215 |
the employer, or their representative notifies the administrator, | 216 |
in writing, of an objection to the tentative order within twenty | 217 |
days after receipt of the notice thereof, the tentative order | 218 |
shall go into effect and the employee shall receive the | 219 |
compensation provided in the order. In no event shall there be a | 220 |
reconsideration of a tentative order issued under this division. | 221 |
(A) The district hearing officer, upon the application, shall | 229 |
determine the percentage of the employee's permanent disability, | 230 |
except as is subject to division (B) of this section, based upon | 231 |
that condition of the employee resulting from the injury or | 232 |
occupational disease and causing permanent impairment evidenced by | 233 |
medical or clinical findings reasonably demonstrable. The employee | 234 |
shall receive sixty-six and two-thirds per cent of the employee's | 235 |
average weekly wage, but not more than a maximum of thirty-three | 236 |
and one-third per cent of the statewide average weekly wage as | 237 |
defined in division (C) of section 4123.62 of the Revised Code, | 238 |
per week regardless of the average weekly wage, for the number of | 239 |
weeks which equals the percentage of two hundred weeks. Except on | 240 |
application for reconsideration, review, or modification, which is | 241 |
filed within ten days after the date of receipt of the decision of | 242 |
the district hearing officer, in no instance shall the former | 243 |
award be modified unless it is found from medical or clinical | 244 |
findings that the condition of the claimant resulting from the | 245 |
injury has so progressed as to have increased the percentage of | 246 |
permanent partial disability. A staff hearing officer shall hear | 247 |
an application for reconsideration filed and the staff hearing | 248 |
officer's decision is final. An employee may file an application | 249 |
for a subsequent determination of the percentage of the employee's | 250 |
permanent disability. If such an application is filed, the bureau | 251 |
shall send a copy of the application to the employer or the | 252 |
employer's representative. No sooner than sixty days from the date | 253 |
of the mailing of the application to the employer or the | 254 |
employer's representative, the administrator shall review the | 255 |
application. The administrator may require a medical examination | 256 |
or medical review of the employee. The administrator shall issue a | 257 |
tentative order based upon the evidence before the administrator, | 258 |
provided that if the administrator requires a medical examination | 259 |
or medical review, the administrator shall not issue the tentative | 260 |
order until the completion of the examination or review. | 261 |
The employer may obtain a medical examination of the employee | 262 |
and may submit medical evidence at any stage of the process up to | 263 |
a hearing before the district hearing officer, pursuant to rules | 264 |
of the commission. The administrator shall notify the employee, | 265 |
the employer, and their representatives, in writing, of the nature | 266 |
and amount of any tentative order issued on an application | 267 |
requesting a subsequent determination of the percentage of an | 268 |
employee's permanent disability. An employee, employer, or their | 269 |
representatives may object to the tentative order within twenty | 270 |
days after the receipt of the notice thereof. If no timely | 271 |
objection is made, the tentative order shall go into effect. In no | 272 |
event shall there be a reconsideration of a tentative order issued | 273 |
under this division. If an objection is timely made, the | 274 |
application for a subsequent determination shall be referred to a | 275 |
district hearing officer who shall set the application for a | 276 |
hearing with written notice to all interested persons. No | 277 |
application for subsequent percentage determinations on the same | 278 |
claim for injury or occupational disease shall be accepted for | 279 |
review by the district hearing officer unless supported by | 280 |
substantial evidence of new and changed circumstances developing | 281 |
since the time of the hearing on the original or last | 282 |
determination. | 283 |
If the claimant has suffered the loss of two or more fingers | 333 |
by amputation or ankylosis and the nature of the claimant's | 334 |
employment in the course of which the claimant was working at the | 335 |
time of the injury or occupational disease is such that the | 336 |
handicap or disability resulting from the loss of fingers, or loss | 337 |
of use of fingers, exceeds the normal handicap or disability | 338 |
resulting from the loss of fingers, or loss of use of fingers, the | 339 |
administrator may take that fact into consideration and increase | 340 |
the award of compensation accordingly, but the award made shall | 341 |
not exceed the amount of compensation for loss of a hand. | 342 |
For the permanent partial loss of sight of an eye, the | 360 |
portion of one hundred twenty-five weeks as the administrator in | 361 |
each case determines, based upon the percentage of vision actually | 362 |
lost as a result of the injury or occupational disease, but, in no | 363 |
case shall an award of compensation be made for less than | 364 |
twenty-five per cent loss of uncorrected vision. "Loss of | 365 |
uncorrected vision" means the percentage of vision actually lost | 366 |
as the result of the injury or occupational disease. | 367 |
In case an injury or occupational disease results in serious | 376 |
facial or head disfigurement which either impairs or may in the | 377 |
future impair the opportunities to secure or retain employment, | 378 |
the administrator shall make an award of compensation as it deems | 379 |
proper and equitable, in view of the nature of the disfigurement, | 380 |
and not to exceed the sum of ten thousand dollars. For the purpose | 381 |
of making the award, it is not material whether the employee is | 382 |
gainfully employed in any occupation or trade at the time of the | 383 |
administrator's determination. | 384 |
In all cases arising under division (B) of this section, if | 403 |
it is determined by any one of the following: (1) the amputee | 404 |
clinic at University hospital, Ohio state university; (2) the | 405 |
rehabilitation services commission; (3) an amputee clinic or | 406 |
prescribing physician approved by the administrator or the | 407 |
administrator's designee, that an injured or disabled employee is | 408 |
in need of an artificial appliance, or in need of a repair | 409 |
thereof, regardless of whether the appliance or its repair will be | 410 |
serviceable in the vocational rehabilitation of the injured | 411 |
employee, and regardless of whether the employee has returned to | 412 |
or can ever again return to any gainful employment, the bureau | 413 |
shall pay the cost of the artificial appliance or its repair out | 414 |
of the surplus created by division (B) of section 4123.34 of the | 415 |
Revised Code. | 416 |
(D) If an employee of a state fund employer makes application | 424 |
for a finding and the administrator finds that the employee has | 425 |
contracted silicosis as defined in division (X)(Y), or coal | 426 |
miners' pneumoconiosis as defined in division (Y)(Z), or | 427 |
asbestosis as defined in division (AA)(BB) of section 4123.68 of | 428 |
the Revised Code, and that a change of such employee's occupation | 429 |
is medically advisable in order to decrease substantially further | 430 |
exposure to silica dust, asbestos, or coal dust and if the | 431 |
employee, after the finding, has changed or shall change the | 432 |
employee's occupation to an occupation in which the exposure to | 433 |
silica dust, asbestos, or coal dust is substantially decreased, | 434 |
the administrator shall allow to the employee an amount equal to | 435 |
fifty per cent of the statewide average weekly wage per week for a | 436 |
period of thirty weeks, commencing as of the date of the | 437 |
discontinuance or change, and for a period of one hundred weeks | 438 |
immediately following the expiration of the period of thirty | 439 |
weeks, the employee shall receive sixty-six and two-thirds per | 440 |
cent of the loss of wages resulting directly and solely from the | 441 |
change of occupation but not to exceed a maximum of an amount | 442 |
equal to fifty per cent of the statewide average weekly wage per | 443 |
week. No such employee is entitled to receive more than one | 444 |
allowance on account of discontinuance of employment or change of | 445 |
occupation and benefits shall cease for any period during which | 446 |
the employee is employed in an occupation in which the exposure to | 447 |
silica dust, asbestos, or coal dust is not substantially less than | 448 |
the exposure in the occupation in which the employee was formerly | 449 |
employed or for any period during which the employee may be | 450 |
entitled to receive compensation or benefits under section 4123.68 | 451 |
of the Revised Code on account of disability from silicosis, | 452 |
asbestosis, or coal miners' pneumoconiosis. An award for change of | 453 |
occupation for a coal miner who has contracted coal miners' | 454 |
pneumoconiosis may be granted under this division even though the | 455 |
coal miner continues employment with the same employer, so long as | 456 |
the coal miner's employment subsequent to the change is such that | 457 |
the coal miner's exposure to coal dust is substantially decreased | 458 |
and a change of occupation is certified by the claimant as | 459 |
permanent. The administrator may accord to the employee medical | 460 |
and other benefits in accordance with section 4123.66 of the | 461 |
Revised Code. | 462 |
(E) If a firefighter or police officer makes application for | 463 |
a finding and the administrator finds that the firefighter or | 464 |
police officer has contracted a cardiovascular and pulmonary | 465 |
disease as defined in division (W) of section 4123.68 of the | 466 |
Revised Code, and that a change of the firefighter's or police | 467 |
officer's occupation is medically advisable in order to decrease | 468 |
substantially further exposure to smoke, toxic gases, chemical | 469 |
fumes, and other toxic vapors, and if the firefighter, or police | 470 |
officer, after the finding, has changed or changes occupation to | 471 |
an occupation in which the exposure to smoke, toxic gases, | 472 |
chemical fumes, and other toxic vapors is substantially decreased, | 473 |
the administrator shall allow to the firefighter or police officer | 474 |
an amount equal to fifty per cent of the statewide average weekly | 475 |
wage per week for a period of thirty weeks, commencing as of the | 476 |
date of the discontinuance or change, and for a period of | 477 |
seventy-five weeks immediately following the expiration of the | 478 |
period of thirty weeks the administrator shall allow the | 479 |
firefighter or police officer sixty-six and two-thirds per cent of | 480 |
the loss of wages resulting directly and solely from the change of | 481 |
occupation but not to exceed a maximum of an amount equal to fifty | 482 |
per cent of the statewide average weekly wage per week. No such | 483 |
firefighter or police officer is entitled to receive more than one | 484 |
allowance on account of discontinuance of employment or change of | 485 |
occupation and benefits shall cease for any period during which | 486 |
the firefighter or police officer is employed in an occupation in | 487 |
which the exposure to smoke, toxic gases, chemical fumes, and | 488 |
other toxic vapors is not substantially less than the exposure in | 489 |
the occupation in which the firefighter or police officer was | 490 |
formerly employed or for any period during which the firefighter | 491 |
or police officer may be entitled to receive compensation or | 492 |
benefits under section 4123.68 of the Revised Code on account of | 493 |
disability from a cardiovascular and pulmonary disease. The | 494 |
administrator may accord to the firefighter or police officer | 495 |
medical and other benefits in accordance with section 4123.66 of | 496 |
the Revised Code. | 497 |
(K) Infection or inflammation of the skin on contact surfaces | 545 |
due to oils, cutting compounds or lubricants, dust, liquids, | 546 |
fumes, gases, or vapors: Any industrial process involving the | 547 |
handling or use of oils, cutting compounds or lubricants, or | 548 |
involving contact with dust, liquids, fumes, gases, or vapors. | 549 |
This chapter does not entitle an employee or
histhe | 584 |
employee's dependents to compensation, medical treatment, or | 585 |
payment of funeral expenses for disability or death from | 586 |
berylliosis unless the employee has been subjected to injurious | 587 |
exposure to beryllium dust or fumes in
histhe employee's | 588 |
employment in this state preceding
histhe employee's disablement | 589 |
and only in the event of such disability or death resulting within | 590 |
eight years after the last injurious exposure; provided that such | 591 |
eight-year limitation does not apply to disability or death from | 592 |
exposure occurring after January 1, 1976. In the event of death | 593 |
following continuous total disability commencing within eight | 594 |
years after the last injurious exposure, the requirement of death | 595 |
within eight years after the last injurious exposure does not | 596 |
apply. | 597 |
Before awarding compensation for partial or total disability | 598 |
or death due to berylliosis, the administrator of workers' | 599 |
compensation shall refer the claim to a qualified medical | 600 |
specialist for examination and recommendation with regard to the | 601 |
diagnosis, the extent of the disability, the nature of the | 602 |
disability, whether permanent or temporary, the cause of death, | 603 |
and other medical questions connected with the claim. An employee | 604 |
shall submit to such examinations, including clinical and x-ray | 605 |
examinations, as the administrator requires. In the event that an | 606 |
employee refuses to submit to examinations, including clinical and | 607 |
x-ray examinations, after notice from the administrator, or in the | 608 |
event that a claimant for compensation for death due to | 609 |
berylliosis fails to produce necessary consents and permits, after | 610 |
notice from the administrator, so that such autopsy examination | 611 |
and tests may be performed, then all rights for compensation are | 612 |
forfeited. The reasonable compensation of such specialist and the | 613 |
expenses of examinations and tests shall be paid, if the claim is | 614 |
allowed, as part of the expenses of the claim, otherwise they | 615 |
shall be paid from the surplus fund. | 616 |
(W) Cardiovascular, pulmonary, or respiratory diseases | 617 |
incurred by
fire fightersfirefighters or police officers | 618 |
following exposure to heat, smoke, toxic gases, chemical fumes and | 619 |
other toxic substances: Any cardiovascular, pulmonary, or | 620 |
respiratory disease of a
fire fighterfirefighter or police | 621 |
officer caused or induced by the cumulative effect of exposure to | 622 |
heat, the inhalation of smoke, toxic gases, chemical fumes and | 623 |
other toxic substances in the performance of
histhe firefighter's | 624 |
or police officer's duty constitutes a presumption, which may be | 625 |
refuted by affirmative evidence, that such occurred in the course | 626 |
of and arising out of
histhe firefighter's or police officer's | 627 |
employment. For the purpose of this section, "fire fighter | 628 |
firefighter" means any regular member of a lawfully constituted | 629 |
fire department of a municipal corporation or township, whether | 630 |
paid or volunteer, and "police officer" means any regular member | 631 |
of a lawfully constituted police department of a municipal | 632 |
corporation, township or county, whether paid or volunteer. | 633 |
This chapter does not entitle a
fire fighterfirefighter, or | 634 |
police officer, or
histhe firefighter's or police officer's | 635 |
dependents to compensation, medical treatment, or payment of | 636 |
funeral expenses for disability or death from a cardiovascular, | 637 |
pulmonary, or respiratory disease, unless the
fire fighter | 638 |
firefighter or police officer has been subject to injurious | 639 |
exposure to heat, smoke, toxic gases, chemical fumes, and other | 640 |
toxic substances in
histhe firefighter's or police officer's | 641 |
employment in this state preceding
histhe firefighter's or police | 642 |
officer's disablement, some portion of which has been after | 643 |
January 1, 1967, except as provided in division (E) of section | 644 |
4123.57 of the Revised Code. | 645 |
Compensation on account of cardiovascular, pulmonary, or | 646 |
respiratory diseases of
fire fightersfirefighters and police | 647 |
officers is payable only in the event of temporary total | 648 |
disability, permanent total disability, or death, in accordance | 649 |
with section 4123.56, 4123.58, or 4123.59 of the Revised Code. | 650 |
Medical, hospital, and nursing expenses are payable in accordance | 651 |
with this chapter. Compensation, medical, hospital, and nursing | 652 |
expenses are payable only in the event of such disability or death | 653 |
resulting within eight years after the last injurious exposure; | 654 |
provided that such eight-year limitation does not apply to | 655 |
disability or death from exposure occurring after January 1, 1976. | 656 |
In the event of death following continuous total disability | 657 |
commencing within eight years after the last injurious exposure, | 658 |
the requirement of death within eight years after the last | 659 |
injurious exposure does not apply. | 660 |
This chapter does not entitle a
fire fighterfirefighter or | 661 |
police officer, or
histhe firefighter's or police officer's | 662 |
dependents, to compensation, medical, hospital, and nursing | 663 |
expenses, or payment of funeral expenses for disability or death | 664 |
due to a cardiovascular, pulmonary, or respiratory disease in the | 665 |
event of failure or omission on the part of the
fire fighter | 666 |
firefighter or police officer truthfully to state, when seeking | 667 |
employment, the place, duration, and nature of previous employment | 668 |
in answer to an inquiry made by the employer. | 669 |
Before awarding compensation for disability or death under | 670 |
this division, the administrator shall refer the claim to a | 671 |
qualified medical specialist for examination and recommendation | 672 |
with regard to the diagnosis, the extent of disability, the cause | 673 |
of death, and other medical questions connected with the claim. A | 674 |
fire fighterfirefighter or police officer shall submit to such | 675 |
examinations, including clinical and x-ray examinations, as the | 676 |
administrator requires. In the event that a
fire fighter | 677 |
firefighter or police officer refuses to submit to examinations, | 678 |
including clinical and x-ray examinations, after notice from the | 679 |
administrator, or in the event that a claimant for compensation | 680 |
for death under this division fails to produce necessary consents | 681 |
and permits, after notice from the administrator, so that such | 682 |
autopsy examination and tests may be performed, then all rights | 683 |
for compensation are forfeited. The reasonable compensation of | 684 |
such specialists and the expenses of examination and tests shall | 685 |
be paid, if the claim is allowed, as part of the expenses of the | 686 |
claim, otherwise they shall be paid from the surplus fund. | 687 |
(X)(1) Cancer or disease contracted by a firefighter, police | 688 |
officer, or public emergency medical services worker: Any of the | 689 |
following types of cancer or disease contracted by a firefighter, | 690 |
police officer, or public emergency medical services worker who, | 691 |
in the case of a firefighter or public emergency medical services | 692 |
worker, has been assigned at least three years of hazard duty as a | 693 |
firefighter or public emergency medical services worker, | 694 |
constitutes a presumption, which may be refuted by affirmative | 695 |
evidence, that the cancer or disease was contracted in the course | 696 |
of and arising out of the firefighter's, police officer's, or | 697 |
public emergency medical services worker's employment: | 698 |
This chapter does not entitle an employee or
histhe | 723 |
employee's dependents to compensation, medical treatment, or | 724 |
payment of funeral expenses for disability or death from | 725 |
silicosis, asbestosis, or coal miners' pneumoconiosis unless the | 726 |
employee has been subject to injurious exposure to silica dust | 727 |
(silicon dioxide), asbestos, or coal dust in
histhe employee's | 728 |
employment in this state preceding
histhe employee's disablement, | 729 |
some portion of which has been after October 12, 1945, except as | 730 |
provided in division (E) of section 4123.57 of the Revised Code. | 731 |
Compensation on account of silicosis, asbestosis, or coal | 732 |
miners' pneumoconiosis are payable only in the event of temporary | 733 |
total disability, permanent total disability, or death, in | 734 |
accordance with sections 4123.56, 4123.58, and 4123.59 of the | 735 |
Revised Code. Medical, hospital, and nursing expenses are payable | 736 |
in accordance with this chapter. Compensation, medical, hospital, | 737 |
and nursing expenses are payable only in the event of such | 738 |
disability or death resulting within eight years after the last | 739 |
injurious exposure; provided that such eight-year limitation does | 740 |
not apply to disability or death occurring after January 1, 1976, | 741 |
and further provided that such eight-year limitation does not | 742 |
apply to any asbestosis cases. In the event of death following | 743 |
continuous total disability commencing within eight years after | 744 |
the last injurious exposure, the requirement of death within eight | 745 |
years after the last injurious exposure does not apply. | 746 |
This chapter does not entitle an employee or
histhe | 747 |
employee's dependents to compensation, medical, hospital and | 748 |
nursing expenses, or payment of funeral expenses for disability or | 749 |
death due to silicosis, asbestosis, or coal miners' pneumoconiosis | 750 |
in the event of the failure or omission on the part of the | 751 |
employee truthfully to state, when seeking employment, the place, | 752 |
duration, and nature of previous employment in answer to an | 753 |
inquiry made by the employer. | 754 |
Before awarding compensation for disability or death due to | 755 |
silicosis, asbestosis, or coal miners' pneumoconiosis, the | 756 |
administrator shall refer the claim to a qualified medical | 757 |
specialist for examination and recommendation with regard to the | 758 |
diagnosis, the extent of disability, the cause of death, and other | 759 |
medical questions connected with the claim. An employee shall | 760 |
submit to such examinations, including clinical and x-ray | 761 |
examinations, as the administrator requires. In the event that an | 762 |
employee refuses to submit to examinations, including clinical and | 763 |
x-ray examinations, after notice from the administrator, or in the | 764 |
event that a claimant for compensation for death due to silicosis, | 765 |
asbestosis, or coal miners' pneumoconiosis fails to produce | 766 |
necessary consents and permits, after notice from the commission, | 767 |
so that such autopsy examination and tests may be performed, then | 768 |
all rights for compensation are forfeited. The reasonable | 769 |
compensation of such specialist and the expenses of examinations | 770 |
and tests shall be paid, if the claim is allowed, as a part of the | 771 |
expenses of the claim, otherwise they shall be paid from the | 772 |
surplus fund. | 773 |