A dependent of an employee may not file a claim for compensation for an occupational disease pursuant to the provisions of this chapter if:

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1.  The time for filing the claim has expired pursuant to NRS 617.346; or

2.  The employee or another dependent filed a claim for compensation for that occupational disease, the claim was denied and the denial has become final pursuant to the regulations adopted pursuant to NRS 617.165 or in an action for judicial review filed pursuant to NRS 617.405.