(1) For all purposes of establishing a workers' compensation claim, the “date of accident”
is presumed to be the date on which an emergency medical services provider first tests
positive for a disease, as defined in Section 78B-8-401. However, for purposes of establishing the rate of workers' compensation benefits
under Subsection 34A-2-702(5), if a positive test for a disease occurs within three months after termination of
employment, the last date of employment is presumed to be the “date of accident.”
(2) The time limits prescribed by Section 34A-2-417 do not apply to an employee whose disability is due to a disease, so long as the
employee who claims to have suffered a significant exposure in the service of his
employer gives notice, as required by Section 34A-3-108, of the “date of accident.”
(3) Any claim for workers' compensation benefits or medical expenses shall be filed
with the Division of Adjudication of the Labor Commission within one year after the
date on which the employee first acquires a disability or requires medical treatment
for a disease, or within one year after the termination of employment as an emergency
medical services provider, whichever occurs later.
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