(a) In case of the contraction of an occupational disease, as defined in this article, or of injury or disability resulting therefrom, a claim for compensation, as defined in Section 25-5-1, shall be forever barred, unless within two years after the date of the injury, as hereinafter defined, the parties shall have agreed upon the compensation payable under this article, or unless within two years after the date of the injury, one of the parties shall have filed a verified complaint as provided in Section 25-5-88. In case of death, the claim shall be forever barred, unless within two years after death, if death results proximately from the occupational disease, as defined in this article, and death occurs within three years of the date of the injury, as hereinafter defined, the parties have agreed upon the compensation under this article, or unless within two years after death, one of the parties shall have filed a verified complaint as provided in Section 25-5-88. Notwithstanding the foregoing, if upon the date of death the employee’s claim is barred, any claim by his or her dependents likewise shall be barred. If, however, payments of compensation have been made, the limitations as to compensation shall not take effect until the expiration of two years from the time of making the last payment. In case of physical or mental incapacity, other than the minority of the injured employee or his or her dependent, to perform or cause to be performed any act required within the time specified in this section, the period of limitation in any case shall be extended to become effective two years from the date when the incapacity ceases. No agreement, express or implied, to shorten or to extend the limitations shall be valid or binding on either of the parties if the employment, at the time of the exposure, is or was subject to this article.
(b) For the purposes of occupational diseases other than pneumoconiosis or radiation, “the date of the injury” shall mean the date of the last exposure to the hazards of the disease in the employment of the employer in whose employment the employee was last exposed to the hazards of the disease.
(c) For purposes of pneumoconiosis and radiation, “the date of the injury” shall mean the date of the last exposure to the hazards of the disease in the employment of the employer in whose employment the employee was last exposed to the hazards of the disease in each of at least 12 months, within a period of five years prior to the date of the injury.
(Acts 1971, No. 668, p. 1379; Acts 1992, No. 92-537, p. 1082, §34.)
Notes of Decisions
Garrett v. Raytheon Co., Inc., 368 So. 2d 516 (Ala. 1979).
· cites it 7× “The rule has been adopted in this state for medical malpractice, § 6-5-482, Code Ala.”
ArvinMeritor, Inc. v. Handley, 12 So. 3d 669 (Ala. Civ. App. 2008).
· cites it 5× “Section 25-5-117 provides, in pertinent part: “In case of the contraction of an occupational disease .”
Thomas v. Gold Kist, Inc., 628 So. 2d 864 (Ala. Civ. App. 1993).
· cites it 4× “In fact, Ala.Code 1975, § 25-5-117(a), states that "[i]n case of the contraction of an occupational disease, as defined in this article, *867 or of injury or disability resulting therefrom, a claim for compensation, as defined in Section 25-5-1, shall be forever barred, unless…”
BE & K, INC. v. Weaver, 743 So. 2d 476 (Ala. Civ. App. 1999).
· cites it 2× “We further held that an employee who has already received compensation payments may bring an action for permanent disability benefits within two years from the time of the last payment, *480 pursuant to § 25-5-117, Ala.Code 1975, and that because the statute provides a remedy…”
Edmonds Indus. Coatings, Inc. v. Lolley, 893 So. 2d 1197 (Ala. Civ. App. 2004).
· cites it 3× “" Ala.Code 1975, § 25-5-117(b). Because the worker continued to work between the first onset of symptoms throughout the remainder of INA's coverage period and through the entirety of Wausau's coverage period, deciding in October 1995 that he could no longer stand to work as a…”
Griffin v. Unocal Corp., 990 So. 2d 291 (Ala. 2008).
“That Code section (recodified at the time of Garrett as § 25-5-117) provided that for the purpose of bringing a workmen's compensation claim, "[t]he date of the injury shall mean .”
Brandon v. Humana Hosp. — Huntsville, 598 So. 2d 950 (Ala. Civ. App. 1992).
· cites it 4× “” *951 Humana thereafter filed a motion for summary judgment based upon its belief that Brandon’s conditions were occupational diseases and thus barred by the applicable statute of limitations, Ala.Code 1975, § 25-5-117, in that her complaint herein was filed more than one year…”
Cline v. Ashland, Inc., 970 So. 2d 755 (Ala. 2007).
“That Code section (recodified at the time of Garrett as § 25-5-117) provided that for the purpose of bringing a workmen's compensation claim, "[t]he date of the injury shall mean .”
Sanders v. Dunlop Tire Corp., 706 So. 2d 716 (Ala. Civ. App. 1996).
· cites it 2× “Accrual of Permanent Partial Disability Benefits Both Sanders and Dunlop cite § 25-5-117(b), Ala.Code 1975, in support of their arguments regarding the date they claim Sanders was last exposed to rubber.”
Chrysler Corp. v. Henley, 400 So. 2d 412 (Ala. Civ. App. 1981).
“Section 25-5-117, Code 1975, grants to an employee who has contracted an occupational disease one year from the day on which he was last exposed to the hazard causing the disease to file a claim for workmen's compensation benefits.”
Dudley v. Mesa Indus., 770 So. 2d 1082 (Ala. 2000).
“"We believe that the Legislature intended to uphold the distinction between third-party tort actions (§ 25-5-11) and worker's compensation claims (§ 25-5-117)." 599 So.2d at 22 . Based on the foregoing, we conclude that the language used by the trial court in its March 13, 1998,…”
Singleterry v. ABC Rail Prods. Corp., 716 So. 2d 1241 (Ala. Civ. App. 1998).
· cites it 4× “§ 25-5-117, Ala.Code 1975. “Date of injury” is defined as the date of last exposure to the hazards of the disease.”
— Ala. Code § 25-5-117(a) — 4 cases
Thomas v. Gold Kist, Inc., 628 So. 2d 864 (Ala. Civ. App. 1993).
“In fact, Ala.Code 1975, § 25-5-117(a), states that "[i]n case of the contraction of an occupational disease, as defined in this article, *867 or of injury or disability resulting therefrom, a claim for compensation, as defined in Section 25-5-1, shall be forever barred, unless…”
ArvinMeritor, Inc. v. Handley, 12 So. 3d 669 (Ala. Civ. App. 2008).
“Section 25-5-117 provides, in pertinent part: “In case of the contraction of an occupational disease .”
— Ala. Code § 25-5-117(b) — 9 cases
Edmonds Indus. Coatings, Inc. v. Lolley, 893 So. 2d 1197 (Ala. Civ. App. 2004).
“" Ala.Code 1975, § 25-5-117(b). Because the worker continued to work between the first onset of symptoms throughout the remainder of INA's coverage period and through the entirety of Wausau's coverage period, deciding in October 1995 that he could no longer stand to work as a…”
Thomas v. Gold Kist, Inc., 628 So. 2d 864 (Ala. Civ. App. 1993).
“In fact, Ala.Code 1975, § 25-5-117(a), states that "[i]n case of the contraction of an occupational disease, as defined in this article, *867 or of injury or disability resulting therefrom, a claim for compensation, as defined in Section 25-5-1, shall be forever barred, unless…”
ArvinMeritor, Inc. v. Handley, 12 So. 3d 669 (Ala. Civ. App. 2008).
“Section 25-5-117 provides, in pertinent part: “In case of the contraction of an occupational disease .”
Sanders v. Dunlop Tire Corp., 706 So. 2d 716 (Ala. Civ. App. 1996).
“Accrual of Permanent Partial Disability Benefits Both Sanders and Dunlop cite § 25-5-117(b), Ala.Code 1975, in support of their arguments regarding the date they claim Sanders was last exposed to rubber.”
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