The time limitation to file a claim for an occupational exposure such as hearing loss and asbestosis is three years from when you were last exposed to the work factor or three years from when you knew or should have known of the illness, whichever is later. “Notice” is the key word. If your employer conducted screenings for asbestos exposure or hearing loss, those records in your personnel file can sometimes be used many years later, when your claim is seemingly far out of time, to establish “notice” of your claim to your employer.
Another area where time limitations may not apply is with schedule awards. So long as your claim has not been terminated, you should be able to claim a schedule award or an increase in a schedule award. The critical time limitation is that you must be alive to claim it. That means the CA-7 requesting the schedule award and sufficient medical evidence to establish your rating must be in the workers compensation file while you are alive.
Even when someone has received an unfavorable decision in a FECA case from OWCP and they have missed the one year for requesting further review, there are limited circumstances where a Reconsideration can successfully be pursued. However, the standard of proof is much more difficult, described by OWCP as “clear evidence of error.” Generally, new medical evidence will not get you over this hurdle. In my experience, one must usually point to an error by OWCP to meet this standard.
A claim for compensation for lost wages in an accepted case may be claimed well after the fact as may an election of benefits if you are in receipt of an OPM annuity. Claims for consequential injuries and recurrence of disability do not have a firm deadline for submission either.
A request to modify a Loss of Wage Earning Capacity determination can also be submitted at any time. This is especially relevant presently for many USPS workers who are being put out of work due to the NRP who were previously given erroneous LWEC determinations.
