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32.0627 Time for filing.

Cite as [A.S.C.A. § 32.0627]

(a) The right to compensation for disability shall be barred unless a claim therefor is filed within one year after the injury or last payment of compensation without an award.

(b) The right to compensation for death shall be barred unless a claim therefor is filed within one year after the death or within one year after the dependents know or by exercise of reasonable diligence should know the possible relationship of the death to the employment.

(c) If the nature of the injury or disease, or its relationship to the employment, is nor known to the claimant, the time for filing shall not begin to run until the claimant has, or by exercise of reasonable diligence should have, such knowledge.

(d) Failure to file a claim within the prescribed period shall not bar a claim unless objection to such failure is made at the first hearing of such claim in which all parties in interest are given reasonable notice and opportunity to be heard.

(e) If any individual entitled to compensation under this chapter is mentally incompetent or a minor, the time limits in subsections (a) and (b) shall not be applicable so long as such individual has no guardian or other authorized representative, and shall be applicable only from the date of appointment of such guardian or other representative, or in the case of a minor, if no guardian is appointed before he becomes of age, from the date he becomes of age.

(f) Where recovery is denied any individual in a suit brought at law or in admiralty to recover damages in respect to injury or death, on the ground that such individual was an employee and that the defendant was an employer within the meaning of this chapter and that such employer has secured compensation to such employee under this chapter, the limitation of time prescribed in subsection (a) or (b) begins to run only from the date of termination of such suit.

(g) Subject to the other provisions of this section, a claim for compensation may be filed with the Commissioner, in accordance with regulation prescribed by the Commission, at any time after the first 7 days of disability following any injury, or at any time after death.

History: 1967, PL 10-15.