Source: 50 FR 406, Jan. 3, 1985, unless otherwise noted.
(a) Time of injury. For purposes of this subpart and with respect to
an occupational disease which does not immediately result in death or
disability, the time of injury shall be deemed to be the date on which
the employee or claimant becomes aware, or in the exercise of reasonable
diligence or by reason of medical advice should have been aware, of the
relationship between the employment, the disease, and the death or
disability.
(b) Disability. With regard to an occupational disease for which the
time of injury, as defined in Sec. 702.601(a), occurs after the employee
was retired, disability shall mean permanent impairment as determined
according to the Guides to the Evaluation of Permanent Impairment which
is prepared and modified from time-to-time by the American Medical
Association, using the most currently revised edition of this
publication. If this guide does not evaluate the impairment, other
professionally recognized standards may be utilized. The disability
described in this paragraph shall be limited to permanent partial
disability. For that reason they are not subject to adjustments under
section 10(f) of the Act, 33 U.S.C. 910(f).
(c) Retirement. For purposes of this subpart, retirement shall mean
that the claimant, or decedent in cases involving survivor's benefits,
has voluntarily withdrawn from the workforce and that there is no
realistic expectation that such person will return to the workforce.
[50 FR 406, Jan. 3, 1985, as amended at 51 FR 4286, Feb. 3, 1986]
