HARRY HUGHES, Governor

2433

has been prejudiced by such failure on the part of the
employee or by delay in giving such notice shall be upon the
State Accident Fund, insurance company, or employer, as the
case may be. Provided, also, failure to give either of such
notices shall be deemed waived unless objection is made at a
hearing on the claim prior to any award or decision
thereon.] 1 YEAR AFTER THE EMPLOYEE KNOWS OR HAS REASON TO
BELIEVE HE IS SUFFERING FROM AN OCCUPATIONAL DISEASE. IN
CASE OF DEATH FROM AN OCCUPATIONAL DISEASE, WRITTEN NOTICE
OF DEATH SHALL BE GIVEN TO THE EMPLOYER WITHIN 1 YEAR.

(2)  THE FAILURE TO GIVE NOTICE IS A BAR TO ANY
CLAIM UNDER THIS ARTICLE UNLESS EXCUSED BY THE COMMISSION.
THE COMMISSION SHALL EXCUSE THE FAILURE TO GIVE NOTICE WHEN
(I) IT FINDS SUFFICIENT REASON; OR (II) THE EMPLOYER HAS NOT
BEEN PREJUDICED BY THE FAILURE TO GIVE NOTICE. THE BURDEN
IS ON THE EMPLOYER TO SHOW THAT HE HAS BEEN PREJUDICED BY
THE LACK OF NOTICE.

(3)  FAILURE TO GIVE NOTICE IS WAIVED UNLESS
OBJECTION IS MADE AT A HEARING ON THE CLAIM PRIOR TO ANY
AWARD OR DECISION.

(4)  [Actual knowledge] REASON TO BELIEVE OR
KNOWLEDGE of an occupational disease and of exposure to the
conditions causing it, by the employer in whose employment
the employee was last injuriously exposed, or by the
responsible superintendent in charge of the work, shall be
deemed notice of its contraction. If no claim for
disability or death from an occupational disease be filed
with the Workmen's Compensation Commission within [two (2)]
3 2 years[, or in the case of a pulmonary dust disease
within three years,] from the date of disablement or
death, or the date when the employee or his dependents first

[has actual knowledge] HAVE REASON TO BELIEVE OR

KNOWLEDGE THAT [such] THE disablement was caused by the
employment[, or death, as the case may be], the right to
compensation for [such] THE disease shall be forever barred;
provided, however, that the failure to file a claim within
the time limited herein [shall be deemed] IS waived unless
objection to [such] THE failure be made at a hearing on
[such] THE claim before any award or decision [thereon] IS
MADE. Notice or claim [shall be deemed] IS waived in case
of disability or death where the employer or insurance
carrier makes compensation payments therefor, or within the
time above limited, OR the employer or his insurance carrier
by his or its conduct leads the employee or claimant
reasonably to believe that notice or claim has been waived
by his or its affirmative conduct. [The provisions of this
subsection shall not be applicable to claims for disease
caused by ionizing radiation, in such cases if the employee,
or his dependents in the case of employee's death, have
actual knowledge of exposure and disability due to such
exposure, to ionizing radiation, such claim shall be filed
within two years of such actual knowledge.]

27.