TITLE 28

Labor and Labor Relations

CHAPTER 28-35

Workers' Compensation – Procedure

SECTION 28-35-57



   § 28-35-57  Limitation of claims for

compensation. –

(a) An employee's claim for compensation under chapters 29 – 38 of this

title shall be barred unless payment of weekly compensation has commenced, or a

petition, as provided for in this chapter, has been filed within two (2) years

after the occurrence or manifestation of the injury or incapacity, or in case

of the death of the employee, or in the event of his or her physical or mental

incapacity, within two (2) years after the death of the employee or the removal

of the physical or mental incapacity.



   (b) The time for filing shall not begin to run in cases of

latent or undiscovered physical or mental impairment due to injury including

disease until:



   (1) The person claiming benefits knew, or by exercise of

reasonable diligence should have known, of the existence of the impairment and

its causal relationship to his or her employment; or



   (2) After disablement, whichever is later.



   (c) In any case in which weekly compensation benefits have

been paid, pursuant to § 28-35-8, in which the employer or insurer has

failed to file the required notices, the claimant's right to file a petition

for compensation benefits shall be preserved without time limitation.



History of Section.

(P.L. 1912, ch. 831, art. 3, § 18; G.L. 1923, ch. 92, art. 3, § 17;

P.L. 1936, ch. 2290, § 14; P.L. 1936, ch. 2358, § 3; G.L. 1938, ch.

300, art. 3, § 17; G.L. 1938, ch. 300, art. 3, § 15; P.L. 1954, ch.

3297, § 1; G.L. 1956, § 28-35-57; P.L. 1960, ch. 94, § 1; P.L.

1978, ch. 232, § 2; P.L. 1982, ch. 32, art. 1, § 10; P.L. 1986, ch.

507, § 9; P.L. 1990, ch. 332, art. 1, § 5; P.L. 1992, ch. 31, §

13.)