WILLIAM DONALD SCHAEFER, Governor                   Ch. 629

CHAPTER 629

(Senate Bill 639)

AN ACT concerning

Wrongful Death Actions - Limitations -
Occupational Diseases

FOR the purpose of altering a statute of limitations for the
filing of a wrongful death action where the death is alleged
to have been caused by an occupational disease; defining
certain terms; and making stylistic changes.

BY repealing and reenacting, with amendments,

Article - Courts and Judicial Proceedings

Section 3-904(g)

Annotated Code of Maryland

(1984 Replacement Volume and 1986 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

3-904.

(g) (1) Except as provided in paragraph (2) of this
subsection, an action under this subtitle shall be filed within
three years after the death of the injured person.

(2) (i) In this paragraph "occupational disease"
means a disease caused by exposure to any toxic substance in the
person's workplace and contracted by a person in the course of
the person's employment.

(ii) If an occupational disease was a cause of
a person's death, an action shall be filed:

1.  Within [5] 7 10 years of the time of
death; or

2.  Within 3 years of the date when the
cause of death was discovered, whichever is the shorter.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1987.

Approved June 2, 1987.

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