(a) (1) If a covered employee suffers a disablement or death as a result of an occupational disease, the covered employee or the dependents of the covered employee shall file a claim application form with the Commission within 2 years, or in the case of pulmonary dust disease within 3 years, after the date: (i) of disablement or death; or (ii) when the covered employee or the dependents of the covered employee first had actual knowledge that the disablement was caused by the employment. (2) (i) A claim application form filed under paragraph (1) of this subsection shall include an authorization by the claimant for the release, to the claimant's attorney, the Uninsured Employers' Fund, the Subsequent Injury Fund, the claimant's or covered employee's employer, and the insurer of the claimant's or covered employee's employer, or an agent of the claimant's attorney, the Uninsured Employers' Fund, the Subsequent Injury Fund, the claimant's or covered employee's employer, or the insurer of the claimant's or covered employee's employer, of medical and financial information that may be relevant to: 1. the member of the body that was injured, as indicated on the claim application form; and 2. the description of how the occupational disease occurred, as indicated on the claim application form. (ii) An authorization under subparagraph (i) of this paragraph: 1. includes the release of information relating to the history, findings, office and patient charts, files, examination and progress notes, physical evidence, and additional claims filed by the claimant; 2. includes the release of information in the custody of the Commission; 3. is effective for 1 year from the date the claim is filed; and 4. does not restrict the redisclosure of medical information or written material relating to the authorization to a medical manager, health care professional, or certified rehabilitation practitioner. (b) Unless waived under subsection (c) of this section, failure to file a claim in accordance with subsection (a) of this section bars a claim under this title. (c) The defense of failure to file a claim in accordance with subsection (a) of this section is waived if the employer or its insurer: (1) fails to raise the defense of the failure to file the claim at a hearing on the claim before the Commission makes any award or decision; (2) pays compensation for the disability or death resulting from the occupational disease; or (3) by its affirmative conduct leads the covered employee or other claimant to reasonably believe that the requirement of filing a claim has been waived.
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