Latex Victims Are Required to File Claims in a Timely Manner

An employee of HCA Health Services for over 20 years who was exposed to latex was recently awarded workers' compensation benefits. In June, 1992 she began to develop symptoms of latex hypersensitivity. In July of 1992 she filed a first report of accident, however it was not filed with the insurance carrier until almost a year later. Initially her claim was denied as a non-compensable injury but in January of 1994 the insurance carrier, Continental, reversed its earlier ruling and deemed the exposure to be compensable. In fact, the insurance carrier sent the employee a check in March of that year. In April of 1994 she was informed by her physician that it was no longer safe for her to continue to work in her present employment.

The trial court dismissed the case and found that the latex victim knew or should have known of her incapacity in August of 1993 and that date triggered the statute of limitations. The Appellate court reversed and held the matter to be compensable since the lawsuit was filed in November of 1994. Additionally, the insurance company paid medical benefits through November of 1993 which extended the statute of limitations. Baker v HCA Health Services of Tennessee, Inc. (1998).

New Jersey law requires that a workers' compensation claim for an occupational exposure be filed within two (2) years of when the employee knew or should have known that the medical condition was related to the employment or two (2) years from the last payment of compensation benefits, including authorized medical treatment. Furthermore, the employee must notify the employer within 90 days of knowledge of an occupationally related medical condition.