§ 9-705. Notice to employer -- Occupational disease

MD Lab & Emp Code § 9-705 (2019) (N/A)

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(a) If a covered employee is disabled or dies due to an occupational disease, written notice of the disability or death shall be given to the employer by the covered employee or someone on behalf of the covered employee:

(1) for disability, within 1 year after the covered employee knows or has reason to believe that the covered employee has the occupational disease; or

(2) for death, within 1 year after the death.

(b) Unless notice is waived under subsection (d) of this section or excused by the Commission under § 9-706 of this subtitle, failure to give notice bars a claim under this title.

(c) The employer in whose employment the covered employee was last injuriously exposed to the conditions that cause an occupational disease is considered to have notice of the occupational disease if the employer or the responsible superintendent in charge of the work of the covered employee has actual knowledge that the covered employee:

(1) was exposed to the conditions that cause the occupational disease; and

(2) has the occupational disease.

(d) The notice required by subsection (a) of this section is waived if the employer or its insurer:

(1) pays compensation for disability or death from an occupational disease; or

(2) by its affirmative conduct leads the covered employee or other claimant to reasonably believe that the notice has been waived.

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