Claims: Occupational Disease

Claims: Occupational Disease

Cardwell v. UEF [04/28/06] 2006 MTWCC 20 Where Petitioner filed a Petition alleging an injury and later filed an Amended Petition alleging, in the alternative, an occupational disease, the Amended Petition was filed timely within the one year statute of limitation where all of the documentary evidence indicates that Petitioner neither knew nor should have known that he may be suffering from an occupational disease until Petitioner’s chiropractor stated in a deposition that Petitioner’s medical condition may be a “repetitive use injury, which happens over a period of time.”

Redmond v. Montana State Fund [04/14/05] 2005 MTWCC 20 A claim for an occupational disease encompasses any subsequent progression of the disease. Separate claims need not be filed as other parts of the body are affected by the disease.