Oklahoma § 76-100 - Beginning of limitations period - Separate claims for

§ 76-100. Beginning of limitations period - Separate claims for

nonmalignant conditions and cancer.

A. Notwithstanding any other provision of law, with respect to

any asbestos or silica claim not barred as of the effective date of

this act, the limitations period shall not begin to run until the

Oklahoma Statutes - Title 76. Torts

exposed person or claimant discovers, or through the exercise of

reasonable diligence should have discovered, that the exposed person

or claimant is physically impaired as set forth in this chapter by

an asbestos- or silica-related condition.

B. An asbestos or silica claim arising out of a nonmalignant

condition shall be a distinct cause of action from an asbestos or

silica claim relating to the same exposed person arising out of

asbestos- or silica-related cancer, and resolution of an asbestos or

silica claim arising out of a nonmalignant condition shall not

affect the ability of the same exposed person to bring a separate

asbestos or silica claim arising out of an asbestos- or silicarelated cancer, that otherwise meets all the requirements of

Sections 6 or 7 of this act.

Added by Laws 2013, 1st Ex.Sess., c. 21, § 12, emerg. eff. Sept. 10,

2013.

NOTE: Text formerly resided under repealed Title 76, § 70, which

was derived from Laws 2009, c. 228, § 64, which was held

unconstitutional by the Oklahoma Supreme Court in the case of

Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789

(Okla. 2013).