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Statute of Limitations for Death Claim Resulting From Cumulative Trauma Injury

The statute of limitations for pursuing death benefits is established in LC 5406. Except for LC 5406.5 and LC 5406.6 (which cover deaths from asbestos and HIV-related disease), proceedings for the collection of death benefits, per LC 5406(a), may be commenced one year from: the date of death when it occurs within one year from date of injury; the date of last furnishing of any compensation benefits, when death occurs more than one year from the date of injury; or the date of death, when death occurs more than one year after the date of injury and compensation benefits have been furnished.

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