1. (a) Except as provided in subsection (b) of this section, if the provisions of this title that provide compensation for an accidental personal injury, compensable hernia, or occupational disease are adjudicated invalid or repealed, a covered employee or a dependent of a covered employee, who would have been entitled to compensation, may bring any action within the earlier of:

   1. (1) 1 year after the adjudication or repeal; or
   2. (2) the time allowed by law for bringing any action for an accidental personal injury, compensable hernia, or occupational disease, not counting the time between the occurrence of the accidental personal injury, compensable hernia, or occupational disease or resulting death and the adjudication or repeal.
2. (b) An individual may not bring an action for damages for an accidental personal injury, compensable hernia, or occupational disease under this section if compensation for the accidental personal injury, compensable hernia, or occupational disease has been paid in full under this title, either by lump sum or periodic payment.
3. (c) Compensation paid under this title shall be credited against a judgment in an action under this section.

Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1991, c. 21, § 5; Acts 1992, c. 22, § 1.

Formerly Art. 101, § 59.