Okla. Stat. tit. 85A, § 85A-69

A. Time for Filing.

1. A claim for benefits under this act, other than an

occupational disease, shall be barred unless it is filed with the

Workers' Compensation Commission within one (1) year from the date

of the injury or, if the employee has received benefits under this

title for the injury, six (6) months from the date of the last

issuance of such benefits. For purposes of this section, the date

of the injury shall be defined as the date an injury is caused by an

accident as set forth in paragraph 9 of Section 2 of this title.

2. a. A claim for compensation for disability on account of

injury which is either an occupational disease or

occupational infection shall be barred unless filed

with the Commission within two (2) years from the date

of the last injurious exposure to the hazards of the

disease or infection.

b. A claim for compensation for disability on account of

silicosis or asbestosis shall be filed with the

Oklahoma Statutes - Title 85A. Workers' Compensation Page 99

Commission within one (1) year after the time of

disablement, and the disablement shall occur within

three (3) years from the date of the last injurious

exposure to the hazard of silicosis or asbestosis.

c. A claim for compensation for disability on account of

a disease condition caused by exposure to X-rays,

radioactive substances, or ionizing radiation only

shall be filed with the Commission within two (2)

years from the date the condition is made known to an

employee following examination and diagnosis by a

medical doctor.

3. A claim for compensation on account of death shall be barred

unless filed with the Commission within two (2) years of the date of

such a death.

4. If a claim for benefits has been timely filed under

paragraph 1 of this subsection and the employee does not:

a. make a good-faith request for a hearing to resolve a

dispute regarding the right to receive benefits,

including medical treatment, under this title within

six (6) months of the date the claim is filed, or

b. receive or seek benefits, including medical treatment,

under this title for a period of six (6) months,

then on motion by the employer, the claim shall be dismissed with

prejudice.

B. Failure to File. Failure to file a claim within the period

prescribed in subsection A of this section shall not be a bar to the

right to benefits hereunder unless objection to the failure is made

at the first hearing on the claim in which all parties in interest

have been given a reasonable notice and opportunity to be heard by

the Commission.

C. Persons under Disability.

1. Notwithstanding any statute of limitation provided for in

this act, when it is established that failure to file a claim by an

injured employee or his or her dependents was induced by fraud, the

claim may be filed within one (1) year from the time of the

discovery of the fraud.

2. Subsection A of this section shall not apply to a mental

incompetent or minor so long as the person has no guardian or

similar legal representative. The limitations prescribed in

subsection A of this section shall apply to the mental incompetent

or minor from the date of the appointment of a guardian or similar

legal representative for that person, and when no guardian or

similar representative has been appointed, to a minor on reaching

the age of majority.

D. A latent injury or condition shall not delay or toll the

limitation periods specified in this section. This subsection shall

Oklahoma Statutes - Title 85A. Workers' Compensation Page 100

not apply to the limitation period for occupational diseases

specified in paragraph 2 of subsection A of this section.