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UNITED STATES DEPARTMENT OF LABOR
Frances Perkins, Secretary
B U R E A U O F L A B O R ST A T IS T IC S
Isador Lubin, Commissioner

+

Occupational-Disease Legislation
in the United States, 1936
W ith Appendix for 1937

Prepared by
LABOR LAW INFORMATION SERVICE
C H AR LES F. S H A R K E Y , Chief

Bulletin T^jo. 652
December 1937

(This bulletin is a reprint o f Bulletin N o. 625 w ith an appendix
containing laws enacted in 1937. T h e Table o f
Contents includes the Appendix also.)

U N IT E D ST A T E S
G O V E R N M E N T P R IN T IN G OFFICE
W A S H IN G T O N : 1938

For sale by the Superintendent o f Documents, Washington, D . C.




Price 15 cents




CONTENTS
P age

Introduction_______________________________________________________________________
1
Appendix:
Occupational-disease legislation enacted in 1937_________________________
59
States, Territories, etc.:
California_________________________________________________________________
6
Connecticut_______________________________________________________________
6
Delaware_____________________________________________________________________
61
District of Columbia_____________________________________________________
7
Hawaii_____________________________________________________________________
7
Illinois_____________________________________________________________________
7, 62
Indiana_______________________________________________________________________
62
K entucky_________________________________________________________________
30
Massachusetts_______________________________________________________________
31
Michigan_____________________________________________________________________
78
Minnesota____________________________________________________________________
31
Missouri______________________________________________________________________
33
Nebraska__________________________________________________________________ 34, 81
New Jersey________________________________________________________________
34
New York_________________________________________________________________
35
North Carolina____________________________________________________________
40
North Dakota_____________________________________________________________
46
Ohio_________________________________________________________________________ 46, 82
Pennsylvania______________________________________________________________
83
Philippine Islands_________________________________________________________
48
Puerto Rico_______________________________________________________________
48
Rhode Island______________________________________________________________
49
Washington__________________________________________________________________
86
W est Virginia________________________________________________________________
52
Wisconsin__________________________________________________________________ 57,87
United States:
Federal Employees’ Compensation A c t____________________________________
58
Longshoremen’s and Harbor Workers’ Compensation A ct________________
58




h i




PREFACE

One of the most serious flaws of accident compensation systems
in the United States is the failure of most State legislation to in­
clude injuries due to occupational diseases. At present, the systems
in operation in 16 States, as well as those of the Federal Government
and of Hawaii, Puerto Rico, and the Phillippine Islands, compensate
for at least some types of occupational disease. A few make the cov­
erage complete. The other 30 States having accident compensation
systems make no such provisions. Their laws, as applied, distinguish
between injuries due to sudden physical violence and those resulting
from the slow ravage of disease. Thus, a miner crushed by falling
rock receives compensation, but a miner who becomes a hopeless
invalid because of the gradual filling o f his lungs with coal dust
and rock dust is excluded from compensation benefits. This is illogi­
cal and unfair. The arguments usually made for such a distinction
are that in practice the inclusion of occupational diseases under
workmen’s compensation would involve difficulties of diagnosis and
might add unreasonably to the cost of the system. The experience
of those States which have actually taken the step of making all
types of industrial injuries subject to compensation benefits is evi­
dence that these objections are not very serious, or at least are not
insurmountable. The subject has been discussed by experts at the
national conferences on labor legislation called by the Secretary of
Labor. Each o f these conferences recommended that compensation
acts should cover injuries due to occupational disease as well as
those of a traumatic character. Silicosis and asbestosis—diseases
resulting from dust inhalation—have been given particular con­
sideration, a special conference on this subject having been held by
the Secretary of Labor in April 1936.
This report deals with the history and development of occupa­
tional-disease legislation in the United States. It gives the pro­
visions of existing laws for those jurisdictions where such laws
exist, and it is to be hoped that this information will be of service
to legislators and to all others who are concerned with the drafting
o f legislation on this subject.
I sador L u b in ,

Commissioner o f Labor Statistics.
D ecember 2, 1936.




▼




Bulletin ? {o . 6 5 2 o f the

United States Bureau o f Labor Statistics

Occupational-Disease Legislation in the
United States, 1936
Introduction
The establishment of the principle of compensation for occupa­
tional diseases has found much slower acceptance in this country
than has that of compensation for industrial accidents. At the
present time workmen’s compensation laws are in operation in 46 of
the 48 States, but of this number only 16 States1 compensate for
occupational diseases. Coverage for occupational diseases is also ex­
tended, however, to employees under the workmen’s compensation
laws of the District of Columbia, Hawaii, Puerto Kico, and the Phil­
ippine Islands, and to employees covered by the Federal Employees’
Compensation Act and the Longshoremen’s and Harbor Workers’
Act. Thus, while the subject was little considered in the workmen’s
compensation laws as first adopted in the United States, by a better
understanding of the subject the laws have gradually been liberalized,
so that now 22 jurisdictions by one method or another compensate
for occupational diseases. In the remainder of the jurisdictions,
occupational diseases are excluded from compensation by express
language of the act, by interpretation of the courts, or otherwise.
Mention should perhaps be made of the courts’ interpretation by
which a disease contracted gradually is classed as an accidental injury
and compensation is awarded accordingly, as has occurred in the
State o f Maryland.
Trends in Legislation
The attention given to the general subject o f compensation for
occupational diseases, and especially to the specific disease of silicosis,
has been widespread among the States in the past 2 years.
In Kentucky the law provided that personal injury should not
include diseases (except where the disease is the natural and direct
1 California,

Connecticut,

Illinois,

Kentucky,

Massachusetts,

Minnesota,

Missouri,

N ebraska, New Jersey, New York, N orth Carolina, N orth Dakota, Ohio, Rhode Island,

West Virginia, W isconsin.




X

2

O CCU PAT IO N AL-D ISEA SE L E G ISL A TIO N

IN

U N IT E D

STA TES,

1936

result of a traumatic injury by accident) nor the results o f a pre­
existing disease, but should include injuries or death due to inhalation
in mines of noxious gases or smoke and also injuries or death due to
the inhalation of any kind of gas. The law was enlarged in 1934
(ch. 89) to provide that any employers and their employees engaged
in the operation of glass-manufacturing plants, quarries, and sand
mines, or in the manufacture, treating, or handling of sand, may vol­
untarily subject themselves to the law, as regards the disease of
silicosis caused by the inhalation of silica dust.
West Virginia, by a special act passed in 1935 (ch. 79), provides for
payment of compensation to employees within the State who contract
silicosis. A special workmen’s compensation fund is set up from the
premiums and other funds paid by employers electing to come under
the provisions of the article. Employers who elect to make individual
and direct compensation to their employees having silicosis, or the
dependents o f such employees, do so subject to the regulations issued
by the compensation commissioner. An employee is entitled to com­
pensation when the disease is due to the nature of an occupation or
process in which he was employed at any time within 1 year previous
to such disease, and when claim therefor has been made within 1 year
after the last exposure to silicon dioxide dust in harmful quantities,
provided, however, that the exposure shall have been over a period of
not less than 2 years in the same employment in the State. A sili­
cosis medical board, to be appointed by the commissioner, and to
consist o f three physicians having special knowledge of pulmonary
diseases, is providea for.
Silicosis and asbestosis were included in the schedule list o f com­
pensable disease in North Carolina by an act of 1935 (ch. 123). The
act provides that an employer shall not be liable for any compensa­
tion for asbestosis, silicosis, or lead poisoning, unless disablement or
death results within 3 years after the last exposure to such disease, orv
in case of death, unless death follows continuous disability from such
disease, commencing within the period of 3 years. For the other
occupational diseases on the schedule, claims must be filed within 1
year from disablement or death. The law provides for the com­
pulsory examination of employees engaged or to be engaged in an
occupation which exposes them to the hazards of asbestosis or sili­
cosis. Compensation for disability or death from silicosis or asbes­
tosis is not payable unless the employee has been exposed to the inha­
lation o f dust o f silica or silicates or asbestos in employment for at
least 2 years, and no part of the 2-year period may have been more
than 10 years prior to the last exposure.
In 1936 the New York Legislature enacted special legislation pro­
viding compensation for ana looking toward tne prevention o f sili­
cosis and other dust diseases (ch. 887). The law provides that there
shall be added to the industrial code effective regulations governing
the installation, operation, and maintenance of dust-removal systems
in all industries and operations in which silica dust or other harmful
dust hazard is present, and that such other regulations as will effec­
tively control the incidence of silicosis and similar diseases shall be
promulgated. Compensation will not be payable for partial disa­
bility due to silicosis or other dust diseases, but will be payable for
temporary or permanent total disability or for death. An employer




INTRODUCTION

3

is liable for the payment o f compensation for these diseases when the
disability results within 1 year after the last injurious exposure, or,
in case o f death, within 5 years following continuous disability from
this cause. In enacting the article relating to the prevention of sili­
cosis and other dust diseases, it was declared to be the policy of the
legislature to prohibit, through any lawful means available, any re­
quirement as a prerequisite of employment which compels an appli­
cant for employment m any occupation coming within the purview of
the article to undergo a medical examination. Special provision was
also made for the prevention of dust hazard in the construction of
public works.
The Nebraska workmen’s compensation law was extended in 1935
(ch. 57) to cover occupational diseases contracted in the smelting or
metal-refining industries. It is specifically provided that only dis­
eases peculiar to these industries are covered, and that the disability
must commence during the period of employment or 2 years from the
termination o f such employment. The law may not be construed
to include contagious or infectious disease contracted during the
course o f employment, or death due to natural causes which occurs
during working time.
A new and enlarged occupational-disease law was enacted by
Illinois in 1936. Prior to that time only employees engaged in certain
dangerous processes and employments had been afforded protection.
By the terms o f the 1936 law, the coverage is for “ injury to health
or death by reason of a disease contracted or sustained in the course
o f the employment and proximately caused by the negligence of the
employer. ’ The employer may elect whether or not he will come
under its provision, but if he fails to do so, certain rights accrue to
the employee. The employer may choose between two courses:
(1) Liability for damage by suit, limited to those cases of disease
proximately caused by the employer’s own negligence; or (2) liability
for compensation payments and medical benefits in all cases of true
occupational disease actually attributed to the employment. Com­
pensation for silicosis and asbestosis is especially considered under
the new law. Disablement, as defined in the legislation, is com­
pensable if it occurs within 1 year after the last day of exposure, for
any occupational disease except those resulting from inhalation of
silica dust or asbestos dust; in the latter cases the period is extended
to 3 years from the last day of exposure.
Rhode Island’s occupational-disease law adopted in 1936 (chs.
2290, 2358) extends the coverage for compensation beyond the dis­
eases ordinarily designated under such legislation. For example,
hernia, as well as disability arising from frostbite, is listed as an
occupational disease.
Method o f Coverage

There are three usual methods o f covering occupational diseases
in the workmen’s compensation acts: First, by naming the specific
occupational diseases which are compensable j second, by the inclusion
o f all occupational diseases by blanket provisions; and, third, by using
the word “injury” instead of “ accident” in the law.
The first method is that used in the workmen’s compensation laws
o f several European countries, particularly England, Germany, and




4

OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 19 3 6

Switzerland. In the United States six jurisdictions (Minnesota,
New Jersey, North Carolina, Ohio, Rhode Island, and Puerto Rico)
list the specific occupational diseases compensable. Of these juris­
dictions, Minnesota lists 23 diseases; New Jersey, 10; North Carolina,
25; Ohio, 21; Rhode Island, 31; Puerto Rico, 15; while New York,
which f o r m e r l y compensated 27 specific diseases, retained the schedule
in the legislation but amended the law in 1935 (ch. 254) to provide
a general coverage of “any and all occupational diseases.” In three
States (Kentucky, Nebraska, and West Virginia) coverage is limited
to one or two diseases contracted in certain employments.
Some jurisdictions, 10 in all,2 follow the second method of allow­
ing for compensation; that is, incorporation of blanket provisions
in the laws to cover occupational disease. Exemplifying this kind
of legislation is the act of Connecticut, which defines occupational
disease as “a disease peculiar to the occupation in which the employee
was engaged and due to causes in excess of the ordinary hazards of
employment as such.” Illinois makes blanket provision for compen­
sation for industrial diseases, fixes amounts of compensation for dis­
ability, injury, or death from occupational diseases, and specifies that
the industrial commission shall administer the terms of the occupa­
tional-disease act separately from that covering workmen’s compen­
sation due to injury.
The third method is of special interest in the consideration of the
general subject of occupational diseases—the use of the word “injury”
instead of “accident” in the law. California and Wisconsin specify
that the word “injury” is to include occupational disease. The Massa­
chusetts Legislature adopted the word “injury” in lieu of the term
“accident”, and the courts have held that an injury may be anything
that disables a man for work. In the case of H . P . H o o d dc S on s v.
M a ryla n d C asu alty C o. (92 N. E. 329) the court declared that an
infection which a stableman had received from glanders was as much
a bodily injury as though he had received a broken leg or arm by the
kick of a horse. The Massachusetts court in another case (J oh n son v.
L o n d o n G uarantee dc A c cid e n t C o.. 104 N. E. 735) held that a claim
for lead poisoning would be allowed as for personal injuries.
From an examination of the printed reports of the proceedings of
the annual conventions of the International Association of Industrial
Accident Boards and Commissions it is apparent that the adminis­
trators of workmen’s compensation laws are in agreement that the
complete coverage of all occupational diseases is far better than the
“schedule” coverage plan. In 1929,8 at the Buffalo, N. Y ., meeting of
the association, the following resolution was adopted:
Whereas the experience of several States, including especially the States of
California, Connecticut, North Dakota, and Wisconsin, reliably indicates that
the cost of including all occupational injuries and disabilities is insignificant
and would add not exceeding approximately 1 percent to the present insurance
cost of accident disabilities: Therefore be it
R eso lved , That this association hereby recommends to the several States and
Provinces the inclusion of all occupational injuries and disabilities in their
compensation laws, and it does hereby place itself on record as favoring such
legislation.
2 Connecticut, D istrict o f Columbia, Hawaii, Illinois, Missouri, New York, N orth Dakota,
Philippine Islands, the Federal Employees’ Compensation A ct, and the Longshorem en’s
and H arbor W orkers’ Compensation Act.
* See Bureau o f Labor Statistics Bull. No. 511, p. 325.




INTRODUCTION

5

The legislative committee of this association, at the meeting at
Asheville, N. C., in 1935, presented a draft of two provisions covering
the compensation of occupational diseases. The association accepted
the report of the committee with the direction that it be sent to the
various States for their study and consideration.
Consideration was given to occupational diseases by a group of
experts who gathered m Washington, D. C., on February 14 and 15,
1934, at the conference on labor legislation called by the Secretary of
Labor.4 The committee on workmen’s compensation recommended
that the term “injuries” should include occupational diseases. It was
also a part of the recommended report that a “blanket” coverage of
occupational diseases was preferable to the “schedule” coverage. A
second conference was called by the Secretary of Labor in 1935 5 at
Asheville^ N. C., and a third in Washington, D. C., in 1936.6 At
these sessions the subject of workmen’s compensation was considered,
and the recommendations of the first conference on the subject of
occupational diseases were approved.
At the conference on silicosis, which met in Washington on Feb­
ruary 26, 1936, it was decided that a larger representation was neces­
sary, so the Secretary of Labor called a national conference for April
14, 1936. Representatives of labor and industry gathered at this
meeting to discuss the problems incident to the prevention and control
of silicosis and other occupational dust hazards. Committees were
named to study and analyze the hazard in industry and present recom­
mendatory measures. These committees included the committee on
prevention of silicosis through medicine and engineering control;
committee on economic, legal, and insurance features; and the
committee on the regulatory and administrative aspect of the problem.
More and more attention has been directed by legislators in recent
years to this vital matter. In addition to the active consideration
of the subject in the form of statutory legislation, a noticeable in­
terest has been displayed by several States in the appointment of
committees to study the general field of occupational diseases, and
in particular silicosis. In 1 year— 1935—Maryland, Michigan, and
New Hampshire created investigative commissions to consider the
subject in general, while California appointed a committee to con­
sider silicosis. Each of these bodies was directed to report its find­
ings to the legislature and recommend appropriate legislation. From
present indications it would appear that renewed interest in the field
of occupational diseases will be shown in the legislative assemblies
meeting in 1937, when all but four of the States will hold regular
sessions.7
Of special interest in the consideration of the subject of occupa­
tional diseases is the existence in 21 States of a provision requiring
the reporting of occupational diseases. These States are Alabama,
Arizona, Connecticut, Georgia, Illinois, Kansas, Maine, Maryland,
Massachusetts, Michigan, Mmnesota? Missouri, New Hampshire, New
Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode
Island, and Wisconsin.

4

See M onthly Labor Review, A pril 1934, d . 781.
* See M onthly Labor Review, November 1935, p. 1261.
6 See Monthly Labor Review, December 1938, p. 1438.
7 For additional data see Women’s Bureau (U. S. Department o f Labor) Bulletin No. 14 7:
Summary o f State Reports o f Occupational Diseases W ith a Survey o f Preventive Legisla­
tion, 1932 to 1934.




(The text of the laws has been punctuated and capitalized in accordance with
the rules laid down by the Government Printing Office for Government publica­
tions and does not follow in all cases the official State editions.)

CALIFORNIA
D E E R IN G ’S G ENERAL L A W S , 1931
ACT 4 749

Section 3. D efinitions .— * * * (4) The term “injury” , as used in this act,
shall include any injury or disease arising out of the employment including
injuries to artificial members. In case of aggravation of any disease existing
prior to such injury, compensation shall be allowed only for such proportion
of the disability due to the aggravation of such prior disease as may reasonably
be attributed to the injury.

CONNECTICUT
GENERAL STATUTES, 1930
S ection 5223. Definitions .— * * * The words “personal injury” or “injury” ,
as the same are used in this chapter, shall be construed to include only acciden­
tal injury which may be definitely located as to the time when and the place
where the accident occurred, and occupational disease as herein defined. The
words “occupational disease” shall mean a disease peculiar to the occupation in
which the employee was engaged and due to causes in excess of the ordinary
hazards of employment as such. The words “arising out of and in the course
of his employment”, as used in this chapter, shall mean an accidental injury
happening to an employee or an occupational disease of such employee origi­
nating while he shall have been engaged in the line of his duty in the business
or affairs of the employer upon the employer’s premises, or while so engaged
elsewhere upon the employer’s business or affairs by the direction, express or
implied, of the employer. A personal injury shall not be deemed to arise out
of the employment unless causally traceable to the employment other than
through weakened resistance or lowered vitality. * * *
S ec . 5234. C om pensation fo r death .— Compensation shall be paid on account
of death resulting from accident or an occupational disease within 2 years from
the date of the accident or the first manifestation of a symptom of the occupa­
tional disease, as the case may be, * * *.
S ec . 5245. N otice requ ired .— No proceedings for compensation under the pro­
visions of this chapter shall be maintained unless a written notice of claim for
compensation shall be given within one year from the date of the accident or
from the first manifestation of a symptom of the occupational disease, as the
case may be, which caused the personal injury, provided, if death shall have
resulted within two years from the date of the accident or first manifestation
of a symptom of the occupational disease, a dependent or dependents may make
claim for compensation within said two-year period, and provided no claim on
account of an occupational disease shall be made by an employee or his depend­
ents against the employer in whose employ the disease is claimed to have origi­
nated, except while the employee is still in such employ or within three years
after leaving such employ. Such notice shall state in simple language the date
and place of the accident and the nature of the injury resulting therefrom, or
the date of the first manifestation of a symptom of the occupational disease and
the nature of such disease, as the case may be, the name and address of the
employee and of the person in whose interest compensation is claimed. In case
of a fatal injury, notice may be given by any one of the dependents under the

6




OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 19 36

7

provisions of this chapter or by the legal representative of the deceased em­
ployee. If there shall have been a hearing or a written request for a hearing or
an assignment for a hearing within one year from the date of the accident, or
from the first manifestation of a symptom of the occupational disease, as the
case may be, or in the event that a voluntary agreement shall have been sub­
mitted within said period of one year, no want of such notice of claim shall be
a bar to the maintenance of proceedings; *■ * *.

DISTRICT OF COLUMBIA
UN ITED STATES CODE, 1934
TITLE 33

Section 902. D efinitions .— When used in this chapter * * * (2) The term
“injury” means accidental injury or death arising out of and in the course of
employment, and such occupational disease or infection as arises naturally out
of such employment or as naturally or unavoidably results from such accidental
injury, and includes an injury caused by the willful act of a third person
directed against an employee because of his employment.

HAWAII
RE V ISED LA W S, 1935
Section 7480. E m ploym en ts covered .— * * * If a workman receive personal
injury by accident arising out of and in the course of the employment or by
disease proximately caused by the employment, or resulting from the nature
of the employment, his employer or the insurance carrier shall pay compensa­
tion in the amounts and to the person or persons hereinafter specified.

ILLINOIS
ACTS OF 1936
(Third Special Session)
HOUSE BILL NO.

10

S e c t i o n 1. T itle .— This Act shall be known and may be cited as the “W ork­
men’s Occupational Diseases Act” .
Sec. 2. L iability of em ployer .— There shall be no liability of any employer for
compensation or damages for or on account of any injury to health, disease, or
death therefrom, other than for the compensation herein provided or for dam­
ages as provided in section 3 of this A c t : P rovid ed , That this section shall not
affect any right to compensation under the “Workmen’s Compensation Act” .
Sec. 3. R igh ts of em ployees in case em p loyer has not qlected to com e under
the act .— Where an employee in this State sustains injury to health or death
by reason of a disease contracted or sustained in the course of the employment
and proximately caused by the negligence of the employer, unless such employer
shall have elected to provide and pay compensation as provided in section 4 of
this Act, a right of action shall accrue to the employee whose health has been
so injured for any damages sustained thereby; and in case of death, a right of
action shall accrue to the widow of such deceased person, his lineal heirs or
adopted children, or to any person or persons who were, before such loss of life,
dependent for support upon such deceased person, for a like recovery of damages
for the injury sustained by reason of such death not to exceed the sum of ten
thousand dollars ($10,000.00) : P rovid ed , That violation by any employer of any
effective rule or rules made by the industrial commission pursuant to the Health
and Safety Act, enacted by the Fifty-ninth General Assembly at the third
special session, or violation by the employer of any statute of this State, intended
for the protection of the health of employees, shall be and constitute negligence
of the employer within the meaning of this section; P rovided fu rth er , That
every such action for damage for injury to the health shall be commenced within
three (3) years after the last day of the last exposure to the hazards of the
disease and that every such action for damages in case of death shall be com-




8

OCCUPATIONAL-DISEASE LEGISLATION IN

UNITED STATES, 1 9 3 6

menced within one (1) year after the death of such employee and within five
(5) years after the last day of the last exposure to the hazards of the disease:
P rovid ed fu rth er , That in any action to recover damages under this section, it
shall not be a defense that the employee either expressly or impliedly assumed
the risk of the employment, or that the contraction or sustaining of the disease
or death was caused in whole or in part by the negligence of a fellow servant or
fellow servants, or that the contraction or sustaining of the disease or death
resulting was caused in whole or in part by the contributory negligence of the
employee, where such contributory negligence was not wilful.
Sec. 4. E lection b y em ployer. — (a ) Any employer in this State may elect to
provide and pay compensation according to the provisions of this Act, for dis­
ability or death resulting from occupational diseases, and such election, when
effective, shall apply to all cases in which the last day of the last exposure as
defined in this Act to the hazards of the occupational disease claimed upon shall
have occurred on or after the effective date of such election, and shall relieve
such employer of all liability under section 3 of this Act and all other liability
with respect to injury to health or death therefrom by reason of any disease
contracted or sustained in the course of the employment.
( b ) Election by any employer, pursuant to paragraph ( a ) of this section,
shall be made by filing notice of such election with the industrial commission.
Such employer shall either furnish to his employees personally or post in a
conspicuous place in the place of employment, a copy of such notice of his
election.
(c) Every employer who has elected pursuant to paragraphs (a ) and (b)
of this section to provide and pay compensation shall, from and after the effec­
tive date of such election be, remain and operate under all provisions of this Act
except section 3 hereof, with respect to all his employees except those who
have rejected in due time as provided in paragraph (d ) : P rovid ed , h o w ev er ,
that on October 1, 1937, and on each October first for four years thereafter, any
employer who shall have elected pursuant to paragraphs (a) and (b) of this
section to provide and pay compensation under this Act, may elect not. to pro­
vide and pay compensation under this Act by filing notice of such election not
to provide and pay compensation under this Act with the industrial commis­
sion at least sixty days prior to the October first upon which such election is
to be effective and by either giving to his employees personally or posting in
a conspicuous place in the place of employment a copy of such notice of such
election not to provide and pay compensation at least sixty days prior to such
October first; and such election not to provide and pay compensation shall ap­
ply to all cases in which the last day of the last exposure, as defined in this
Act, to the hazards of the disease claimed upon shall have occurred on or after
the October first on which such election shall have become effective: P rovid ed
fu rth er , That any employer having elected, pursuant to this paragraph not to
provide and pay compensation may at any time thereafter again elect pursuant
to paragraphs (a ) and (b ) to provide and pay compensation, but having thus
elected for the second time to provide and pay compensation such employer
shall, from and after the effective date of such last said election, be, remain
and operate under aU| provisions of this Act, except section 3 hereof, with re­
spect to all employees except those who have rejected in due time as provided in
paragraph (d) of this section, and such employer may not again withdraw.
(d ) I f any employer elects, pursuant to paragraphs (a ) and (b) of this
section, then every employee of such employer, who may be employed at the
time of such election by such employer, shall be deemed to have accepted all
the compensation provisions o f this Act and shall be bound thereby unless
within thirty (30) days after such election, he shall file a notice to the contrary
with the industrial commission, whose duty it shall be immediately to notify the
employer, and until such notice is given to the employer, the measure of lia­
bility of such employer shall be determined according to the compensation pro­
visions of this A c t; and every employee of such employer, hired after such em­
ployer’s election, as a part of his contract of hiring shall be deemed to have
accepted all of the compensation provisions of this Act, and shall have no right
of rejection.
( e ) The compensation herein provided for shall be the full, complete and
only measure of the liability of the employer bound by election under this Act
and such employer’s liability for compensation and medical benefits under this
Act shall be exclusive and in place of any and all other civil liability whatso­
ever, at common law or otherwise, to any employee or his legal representative




OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 1 9 3 6

9

on account of damage, disability or death caused or contributed to by any
disease contracted or sustained in the course of the employment.
Seo. 5. Definitions.— For the purposes of this A c t:
The term “employer” as used in this Act shall be construed to b e:
F irst — The State and each county, city, town, township, incorporated village,
school district, body politic, or municipal corporation therein.
Second — Every person, firm, public or private corporation, including hospitals*
public service, eleemosynary, religious or charitable corporations or associations
who has any person in service or under any contract for hire, express or implied,
oral or w ritten: P rovid ed , Nothing contained herein shall be construed to apply
to any work, employment or operations done, had or conducted by farmers and
others engaged in farming, tillage of the soil, or stock raising, or to those who
rent, demise or lease land for any such purposes, or to any one in their employ
or to any work done on a farm or country place, no matter what kind of work
or service is being done or rendered.
The term “ employee” as used in this Act, shall be construed to m ean:
F irst — Every person in the service of the State, county, city, town, township,
incorporated village or school district, body politic or municipal corporation
therein, under appointment or contract of hire, express or implied, oral or writ­
ten, except any totally blind person, any official of the State, or of any county,
city, town, township, incorporated village, school district, body politic or munici­
pal corporation therein and except any duly appointed member of the fire
department in any city whose population exceeds five hundred thousand accord­
ing to the last Federal or State census, and except any member of a fire insur­
ance patrol maintained by a board of underwriters in this State. H o w e v e r , any
employee, his personal representative, widow, children, beneficiaries or heirs,
who is, are or shall be entitled to receive a pension or benefit for or on account
of disability or death arising out of or in the course of his employment from a
pension or benefit fund to which the State or any county, town, township, in­
corporated village, school district, body politic, underwriters’ fire patrol or mu­
nicipal corporation therein is a contributor, in whole or in part, shall be entitled
to receive only such part of such pension or benefit as is in excess of the amount
of compensation recovered and received by such employee, his personal repre­
sentative, widow, children, beneficiaries or heirs under this Act. A n d , provided
fu rth er , That one employed by a contractor who has contracted with the State,
or a county, city, town, township, incorporated village, school district, body
politic or municipal corporation therein, through its representatives, shall not
be considered as an employee of the State, county, city, town, township, incor­
porated village, school district, body politic or municipal corporation which
made the contract.
Second — Every person in the service of another under any contract of hire,
express or implied, oral or written, including aliens, and minors who, for the
purpose of this Act, except section 3 hereof, shall be considered the same and
have the same power to contract, receive payments and give quittances there­
for, as adult employees, but not including any totally blind person or any per­
son who is not engaged in the usual course of the trade, business, profession
or occupation of his employer.
“Disablement” means the event of becoming disabled from earning full
wages at the work in which the employee was engaged when last exposed to
the hazards of the occupational disease by the employer from whom he claims
compensation, or equal wages in other suitable employment; and “ disability”
means the state of being so incapacitated.
No compensation shall be payable for or on account of any occupational
disease unless disablement, as herein defined, occurs within one (1) year after
the last day of the last exposure to the hazards of the disease, except in cases
of occupational disease caused by the inhalation of silica dust or asbestos dust
and, in such cases, within three (3) years after the last day of the last exposure
to the hazards of such disease.
Sec. 6. D efinition o f occupational disease.— In this Act the term “occupational
disease” means a disease arising out of and in the course of the employment.
Ordinary diseases of life to which the general public is exposed outside of the
employment shall not be compensable, except where the said diseases follow
as an incident of an occupational disease as defined in this section.
A disease shall be deemed to arise out of the employment, only if there is
apparent to the rational mind upon consideration of all the circumstances, a
direct causal connection between the conditions under which the work is per­
formed and the occupational disease, and which can be seen to have followed




10

OCCUPATIONAL-DISEASE LEGISLATION IN

UNITED STATES, 1 9 3 6

as a natural incident of the work as a result of the exposure occasioned by the
nature of the employment and which can be fairly traced to the employment
as the proximate cause, and which does not come from a hazard to which work­
men would have been equally exposed outside of the employment. The disease
must be incidental to the character of the business and not independent of the
relation of employer and employee. The disease need not to have been fore­
seen or expected but after its contraction it must appear to have had its origin
in a risk connected with the employment and to have flowed from that source
as a rational consequence.
Seo. 7. C om pensation payable in case o f death .— The amount of compensation
which shall be paid for an occupational disease sustained by the employee
resulting in death shall b e :
(a ) I f the employee leaves any widow, child or children whom he was under
legal obligations to support at the time of his disablement, a sum equal to
four times the average annual earnings of the employee, but not less in any
event than two thousand five hundred dollars and not more in any event than
four thousand dollars. P rovid ed , That when an award has been made under
this paragraph, where the deceased left at the time of his death a widow
and one child under sixteen years of age him surviving, the compensation pay­
ments and death benefits to the extent the same were increased because of the
existence of said child, insofar as same have not been paid, shall cease and
become extinguished when said child arrives at the age of eighteen years, if
said child is physically and mentally competent at that time.
Any right to receive compensation hereunder shall be extinguished by the
remarriage of a widow, if the deceased did not leave him surviving any child
or children whom he was under legal obligations to support at the time of said
disablement.
Any compensation payments other than necessary medical, surgical or hos­
pital fees or services shall be deducted in ascertaining the amount payable on
death.
(b) If no amount is payable under paragraph (a ) of this section and the
employee leaves any parent, husband, child or children who at the time of
disablement were totally dependent upon the earnings of the employee, then
a sum equal to four times the average annual earnings of the employee, but
not less in any event than two thousand five hundred dollars, and not more in
any event than four thousand dollars. Any compensation payments other than
necessary medical, surgical or hospital fees or services shall be deducted in
ascertaining the amount payable on death.
( c ) I f no amount is payable under paragraph (a ) or (b) of this section
and the employee leaves any parent or parents, child or children, who at the
time of disablement were partially dependent upon the earnings of the em­
ployee, then such proportion of a sum equal to four times the average annual
earnings of the employee as such dependency bears to total dependency, but
not less in any evdnt than one thousand dollars and not more in any event than
three thousand seven hundred fifty dollars. Any compensation payments other
than necessary medical, surgical or hospital fees or services shall be deducted
in ascertaining the amounts payable on death.
(d ) I f no amount is payable under paragraphs (a ), (b ), or (o) of this section
and the employee leaves any grandparent, grandchild or grandchildren or col­
lateral heirs dependent at the time of the disablement to the employee upon his
earnings to the extent of fifty percentum or more of total dependency, then
such proportion of a sum equal to four times the average annual earnings of
the employee as such dependency bears to total dependency, but not more in any
event than three thousand seven hundred fifty dollars.
Any compensation
payments other than necessary medical, surgical or hospital fees or services
shall be deducted in ascertaining the amounts payable on death.
'e ) I f no amount is payable under paragraphs ( a) , (b ), (c) or (d) of this
section, a sum not to exceed one hundred and fifty dollars for burial expenses
to be paid by the employer to the undertaker or to the person or persons in­
curring the expense of burial, and the further sum of three hundred dollars,
which shall be paid within sixty days into a special fund, of which the state
treasurer shall be ex-oflicio custodian, such special fund to be held and disbursed
for the purposes hereinafter stated in paragraph ( f ) of section 8, either upon
the order of the industrial commission or of a competent court. Said special
fund shall be deposited the same as are state funds and any interest accruing
thereon shall be added thereto every six months. It shall be subject to audit




OCCUPATIONAL-DISEASE LEGISLATION IN

UNITED STATES, 1 9 3 6

11

the same as state funds and accounts and shall he protected by the general
bond given by the state treasurer. It shall be considered always appropriated
for the purposes of disbursements as provided in section 8, paragraph ( f ) , of
this Act, and shall be paid out and disbursed as therein provided and shall not
at any time be appropriated or diverted to any other use or purpose: Provided,
That whenever any sum is paid into the said fund and subsequently it develops
that compensation is payable under paragraphs (a), (b), (c) or ( d ) of this sec­
tion, the industrial commission shall order the refund of any sum paid into the
said fund, and the state treasurer as custodian of said fund shall immediately
refund the sum paid to him in accordance with the order of the industrial com­
mission upon receipt by him of a certified copy of said order.
The industrial commission shall, within ten days after the rendition of any
award providing for payments into said special fund provided for in para­
graph (e) of this section, mail a certified copy thereof to the state treasurer.
I f said award be not paid within thirty days after the date said award has
become final, the state treasurer shall proceed to take judgment thereon in his
own name as ex-officio custodian of said fund as is provided for other awards
by this Act and take the necessary steps to collect said award. The industrial
commission shall immediately, upon learning of any death because of which
payments into said fund may become due under paragraph (e) of this section,
notify the state treasurer thereof and the state treasurer, if payments be not
made into said fund within sixty days following said death on account of
which it may be due, shall within sixty days after the receipt of said notice
institute proceedings in his own name before the industrial commission for
the collection thereof, and in said proceedings the industrial commission may
order the burial fund provided for in this Act paid to the person, corporation
or organization who has paid or become liable for the payment of same. In
all such proceedings so instituted by the state treasurer it shall not be a de­
fense that notice of the disablement was not given the employer as provided
in this Act or that the demand for payment was not made within six months
or that written claim for compensation was not filed with the industrial
commission within one year. Any person, corporation or organization who
has paid .or become liable for the payment of burial expenses of said deceased
employee may in his or its own name institute proceedings before the industrial
commission for the collection thereof. Provid ed further, That at no time shall
there be paid into said special fund on account of any one death a sum to
exceed three hundred dollars.
( / ) All compensation, except for burial expenses provided in this section
to be paid in case occupational disease results in death, shall be paid in in­
stallments equal to the percentage of the average earning as provided for in
section 8 of this Act, at the same intervals at which the wages or earnings
of the employees were paid; or if this shall not be feasible, then installments
shall be paid weekly: P rovided, Such compensation may be paid in a lump
sum upon petition as provided in section 9 of this A c t
(g )
The compensation to be paid for occupational disease which results
in death, as provided in this section, shall be paid to the persons who form
the basis for determining the amount of compensation to be paid by the em­
ployer, the respective shares to be in the proportion of their respective de­
pendency at the time of the disablement on the earnings of the deceased:
P rovided, That the industrial commission or an arbitrator thereof may, in its
or his discretion, order or award the payment to the parent or grandparent
of a child for the latter’s support the amount of compensation which but for
such order or award would have been paid to such child as its share of the
compensation payable, which order or award may be modified from time to
time by the commission in its discretion with respect to the person to whom
shall be paid the amount of said order or award remaining unpaid at the
time of said modification.
The payments of compensation by the employer in accordance with the order
or award of the industrial commission shall discharge such employer from
all further obligation as to such compensation.
In a case where any of the persons who would be entitled to compensation
Is living at any place outside of the United States, then payment shall be made
to the personal representative of the deceased employee. The distribution by
such personal representative to the persons entitled shall be made to such per­
sons and in such manner as the commissi6n shall order.
26848°— 38------ 2




12

O C C U P A T IO N A L -D IS E A S E

L E G IS L A T IO N

IN

U N IT E D

STATES,

193 6

(h) 1. Whenever in paragraph (a ) of this section a minimum of two thou­
sand five hundred dollars is provided, such minimum shall be increased in the
following cases to the following amounts:
Three thousand dollars in case of one child under the age of 16 years at the
time of the death of employee.
Three thousand one hundred dollars in case of two children under the age of
16 years at the time of the death of employee.
Three thousand two hundred dollars in case of three or more children under
the age of 16 years at the time of the death of the employee.
2. Whenever four times the average annual earnings of the deceased em­
ployee as provided in paragraph ( a ) of this section amounts to more than t w o
thousand five hundred dollars and to less than four thousand dollars, the
amount so payable under said paragraph shall be increased as follow s:
In case such employee left surviving him one child under the age of sixteen
years the amount so payable shall be increased three hundred fifty dollars.
In case such employee left surviving him two children under the age of six­
teen years the amount so payable shall be increased four hundred fifty dollars.
In case such employee left surviving him three or more children under the
age of sixteen years the amount so payable shall be increased six hundred
dollars.
3. Whenever in paragraph (a) of this section a maximum of four thousand
dollars is provided, such maximum shall be increased in the following cases to
the following amounts:
Four thousand four hundred fifty dollars in case of one child under the age
of sixteen years at the time of the death of the employee.
Four thousand eight hundred dollars in case of two children under the age
of sixteen years at the time of the death of the employee.
Five thousand five hundred dollars in case of three or more children under the
age of sixteen years at the time of the death of the employee.
4. Whenever four times the average annual earnings of the deceased employee
as provided in paragraph (a ) of this section amounts to four thousand dollars
and not more than four thousand four hundred dollars and the deceased em­
ployee left surviving him one child under the age of sixteen years the amount
payable shall be four thousand four hundred dollars.
Whenever four times the average annual earnings of the deceased employee
as provided in paragraph ( a ) of this section amounts to four thousand dollars
and not more than four thousand seven hundred dollars and the deceased em­
ployee left surviving him two children under the age of sixteen years the amount
payable shall be four thousand seven hundred dollars.
Whenever four times the average annual earnings of the deceased employee
as provided in paragraph (a ) of this section amounts to four thousand dollars
and not more than five thousand dollars and the deceased employee left surviv­
ing him three or more children under the age of sixteen years the amount payable
shall be five thousand dollars.
(i) In case the employee is under sixteen years of age at the time of the
Jast day of the last exposure and is then illegally employed, the amount of
compensation payable under paragraphs ( a) , (&), (c), ( d ) and (e) of this sec­
tion shall be increased fifty percentum. P rovid ed , h o w ever , That nothing herein
contained shall be construed to repeal or amend the provisions of an Act con­
cerning child labor, approved June 26, 1917, as subsequently amended relating
to the employment of minors under the age of sixteen years.
( ; ) Whenever the dependents of a deceased employee are aliens not residing
in the United States or Canada, the amount of compensation payable shall be
limited to the beneficiaries described in paragraphs (a), (b ) and (c) of this
section and shall be fifty percentum of the compensation provided in paragraphs
(a), (&) and (c) of this section except as otherwise provided by treaty.
S e o . & C om pensation payable in case o f disability .— The amount of compensa­
tion which shall be paid to the employee for disability from an occupational
disease not resulting in death shall b e :
(a )
In cases of silicosis, or silicosis complicated with tuberculosis, or asbestosis, or asbestosis complicated with tuberculosis, the employer shall provide
the necessary first aid, medical and surgical services, and all necessary medical,
surgical and hospital services thereafter, limited, however to that which is rea­
sonably required to cure or relieve from the effects of said diseases for a period
not exceeding six months from date of disablement.
In all other cases, the employer shall provide the necessary first aid, medical
and surgical services, and all necessary medical, surgical and hospital services




OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 19 3 6

13

thereafter, limited, however to that which is reasonably required to effect a
cure from the effects of the disease. The employee may in any case elect to
secure his own physician, surgeon and hospital services at his own expense.
Any occupational disease resulting in the amputation of an arm, hand, leg or
foot, or the enucleation of any eye, the employer shall furnish an artificial of
any such member lost by occupational disease arising out of and in the course
of the employment, and shall also furnish the necessary braces in all proper and
necessary cases, provided, the furnishing by the employer of any such services
or appliances shall not be construed to admit liability on the part of the
employer to pay compensation, and the furnishing of any such services or appli­
ances by the employer shall not be construed as the payment of compensation.
(b) If the period of temporary total incapacity for work lasts more than six
working days, compensation equal to fifty percentum of the earnings, but not less
than $7.50 nor more than $15.00 per week, beginning on the eighth day of such
temporary total incapacity and continuing as long as the temporary total inca­
pacity lasts, but not after the amount of compensation paid equals the amount
which would have been payable as a death benefit under paragraph ( a ) , section 7,
if the employee had died as a result of the occupational disease, leaving heirs
surviving as provided in said paragraph (a), section 7 : P rovid ed , That in the
case where the temporary total incapacity for work continues for a period of
more than thirty days from the day of the disablement, then compensation
shall commence on the day after the disablement.
(c) For any serious and permanent disfigurement to the hand, head, face or
neck, the employee shall be entitled to compensation for such disfigurement, the
amount fixed by agreement or by arbitration in accordance with the provisions
of this Act, which amount shall not exceed one-quarter of the amount of the
compensation which would have been payable as a death benefit under para­
graph (a), section 7, if the employee had died as a result of the occupational
disease, leaving heirs surviving, as provided in said paragraph ( a) , section 7 :
Provid ed , That no compensation shall be payable under this paragraph where
compensation is payable under paragraphs ( d) , (e) or ( f ) of this section: A nd
provided further, That when the disfigurement is to the hand, head, face or
neck as a result of any occupational disease for which compensation is not
payable under paragraphs ( d) , ( e ) or ( f ) of this section, compensation for such
disfigurement may be had under this paragraph.
( d) If, after the disablement has been sustained, the employee as a result
thereof becomes partially incapacitated from pursuing his usual and customary
line of employment, he shall, except in the cases covered by the specific schedule
set forth in paragraph ( e) of this section, receive compensation, subject to the
limitations as to time and maximum amounts fixed in paragraphs (b) and ( h )
of this section, equal to fifty percentum of the differences between the average
amount which he earned before the last day of the last exposure and the
average amount which he is earning or is able to earn in some suitable employ­
ment or business after the disablement.
( e ) For disabilities in the following schedule, the employee shall receive com­
pensation for the period of temporary total incapacity for work resulting from
such occupational disease, in accordance with the provisions of paragraphs (a)
and (b) of this section, for a period not to exceed sixty-four weeks, and shall
receive in addition thereto compensation for a further period subject to limita­
tions as to amounts as in this section provided, for the specific loss herein men­
tioned, as follows, but shall not receive any compensation for such disabilities
under any other provision of this Act.
1. For the loss of a thumb, or the permanent and complete loss of its use,
fifty percentum of the average weekly wage during seventy weeks.
2. For the loss of a first finger, commonly called the index finger, or the per­
manent and complete loss of its use, fifty percentum of the average weekly wage
during forty weeks.
3. For the loss of a second finger, or the permanent and complete loss of its
use, fifty percentum of the average weekly wage during thirty-five weeks.
4. For the loss of a third finger, or the permanent and complete loss of its
use, fifty percentum of the average weekly wage during twenty-five weeks.
5. For the loss of a fourth finger, commonly called the little finger, or the
permanent and complete loss of its use, fifty percentum of the average weekly
wage during twenty weeks.
6. The loss of the first phalange of the thumb or of any finger, shall be con­
sidered to be equal to the loss of one-half of such thumb or finger and compen­
sation shall be one-half of the amount above specified.




14

OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 1 9 3 0

7. The loss of more than one phalange shall be considered as the loss of the
entire finger or thum b: P rovid ed , h ow ev er , That in no case shall the amount
received for more than one finger exceed the amount provided in this schedule
for the loss of a hand.
8. For the loss of a great toe, or for the permanent and complete loss of its
use, fifty percentum of the average weekly wage during thirty-five weeks.
9. For the loss of each toe other than the great toe, or for the permanent and
complete loss of its use, fifty percentum of the average weekly wage during
twelve weeks.
10. The loss of the first phalange of any toe shall be considered to be the equal
to the loss of one-half of such toe, and compensation shall be one-half of the
amount above specified.
11. The loss of more than one phalange shall be considered as the loss of the
entire toe.
12. For the loss of a hand, or the permanent and complete loss of its use, fifty
percentum of the average weekly wage during one hundred and seventy weeks.
13. For the loss of an arm, or the permanent and complete loss of its use, fifty
percentum of the average weekly wage during two hundred and twenty-five
weeks.
14. For the loss of a foot or the permanent and complete loss of its use, fifty
percentum of the average weekly wage during one hundred and thirty-five weeks.
15. For the loss of a leg, or the permanent and complete loss of its use, fifty
percentum of the average weekly wage during one hundred and ninety weeks.
16. For the loss of the sight of an eye, or for the permanent and complete loss
of its use, fifty percentum of the average weekly wage during one hundred and
twenty weeks.
16% . For the total and permanent loss of the hearing of one ear, fifty per­
centum of the average weekly wage during fifty weeks and for the total and
permanent loss of hearing of both ears, fifty percentum of the average weekly
wage during one hundred twenty-five weeks.
16% . For the loss of a testicle, fifty percentum of the average weekly wage
during fifty weeks, and for the loss of both testicles, fifty percentum of the
average weekly wage during one hundred fifty weeks.
17. For the permanent partial loss of use of a member or sight of an eye, but
not including the hearing of an ear, fifty percentum of the average weekly wage
during that proportion of the number of weeks in the foregoing schedule pro­
vided for the loss of such member or sight of an eye which the partial loss of use
thereof bears to the total loss of use of such member or sight of eye.
17% . In computing the compensation to be paid to any employee who, before
the disablement for which he claims compensation, had before that time sus­
tained the loss by amputation or partial loss by amputation of any member,
including hand, arm, thumb or finger, leg, feet, or any toes, such loss or partial
loss of any such member shall be deducted from any award made for the subse­
quent disablement, and for the permanent total loss of use or the permanent
partial loss of use of any such member or the sight of an eye for which com­
pensation has been paid then such loss shall be taken into consideration and
deducted from any award for the subsequent disablement.
18. The specific case of loss of both hands, or both arms, or both feet, or both
legs, or both eyes, or of any two thereof, suffered by occupational disease, or
the permanent and complete loss of use thereof, suffered by occupational disease,
shall constitute total and permanent disability, to be compensated according to
the compensation fixed by paragraph ( f ) of this section: P rovided, That these
specific cases of total and permanent disability shall not be construed as exclud­
ing other cases: P rovid ed fu rth er , That any employee who has previously in any
manner suffered the loss or permanent and complete loss of the use of any of
said members, and in a subsequent independent disablement loses another or
suffers the permanent and complete loss of the use of any one of said members,
the employer for whom the disabled employee was working at the time of the
fast day of the last exposure shall be liable to pay compensation only for the
loss or permanent and complete loss of the use of the member occasioned by said
last independent disablement.
19. In a case of specific loss under the provisions of this paragraph and the
amount of which loss has been determined under the provisions of this Act, and
the subsequent death of such employee from other causes than such occupa­
tional disease, leaving a widow and/or lineal dependents surviving before pay­
ment in full for such specific loss, then and in that event the balance remaining:




OCCUPATIONAL-DISE ASE LEGISLATION IN UNITED STATES, 1 9 3 6

15

due for such specific loss shall be payable to such dependents, in the proportion
which such dependency bears to total dependency.
(f)
In case of complete disability, which renders the employee wholly and
permanently incapable of work, compensation equal to fifty percentum of his
earnings but not less than $7.50 nor more than $15.00 per week, commencing on
the day after the disablement, and continuing until the amount paid equals the
amount which would have been payable as a death benefit under paragraph ( a) ,
section 7, if the employee had died as a result of the occupational disease, leav­
ing heirs surviving as provided in said paragraph ( a ), section 7, and thereafter
a pension during life annually, in the specific case of total and permanent dis­
ability equal to 12 percentum, and in other cases of total and permanent disabil­
ity equal to 8 percentum, of the amount which would have been payable as a
death benefit under paragraph (a), section 7, if the employee had died as a re­
sult of the occupational disease, leaving heirs surviving, as provided in said
paragraph ( a) , section 7. Such pension shall be paid monthly. P rovid ed , Any
employee who receives an award under this paragraph and afterwards returns
to work or is able to do so, and who earns or is able to earn as much as before
the last day of the last exposure, payments under such award shall cease; if
such employee returns to work, or is able to do so, and earns or is able to earn
part but not as much as before the last day of the last exposure, such award
shall be modified so as to conform to an award under paragraph (d ) of this
section: P rovided, fu rth er , That if such award is terminated or reduced under
the provisions of this paragraph, such employee shall have the right at any time
within one year after the date of such termination or reduction to file a petition
with the commission for the purpose of determining whether any disability ex­
ists as a result of the occupational disease and the extent thereof: P rovid ed ,
fu rth er , That disability as enumerated in subdivision 18, paragraph (e) of this
section shall be considered complete disability. I f an employee who had pre­
viously in any manner incurred loss or the permanent and complete loss of use
of one member, through the loss or the permanent and complete loss of the use
of one hand, one arm, one foot, one leg, or one eye, incurs permanent and com­
plete disability through the loss or the permanent and complete loss of the use
of another member, he shall receive, in addition to the compensation payable by
the employer and after such payments have ceased, an amount from the special
fund provided for in paragraph ( e ) of section 7, which together with the com­
pensation payable from the employer in whose employ he was on the last day
of the last exposure, will equal the amount payable for permanent and complete
disability as provided in this paragraph of this section.
The custodian of said special fund provided for in paragraph (e ) of section
7 shall be joined with the employer as a party respondent in the application for
adjustment of claim. Said application for adjustment of claim shall state
briefly and in general terms the approximate time and place and manner of the
loss of the first member. The industrial commission shall mail a copy of said
application to the custodian of said special fund and shall mail to said cus­
todian all notices of hearing that are mailed to the employer and employee.
In its award the commission or the arbitrator shall specifically find the
amount the employee shall be weekly paid, the number of weeks’ compensation
which shall be paid by the employer, the date upon which payments shall be­
gin out of the fund provided for in paragraph (e) section 7 of this Act, the
length of time said weekly payments shall continue, the date upon which the
pension payments shall commence and the monthly amount of said payments. A
certified copy of said award and the judgment of any court of competent juris­
diction affirming same shall be, by the industrial commission, sent to the state
treasurer by registered mail. It shall be the duty of the said state treasurer,
thirty days after the date upon which payments out of said fund shall be com­
menced as provided in said award, and every month thereafter, to mail to the
said employee direct, or at the option of said treasurer, to some bank in the
county in which he resides for delivery to him, a check or draft payable out
of said special fund, for all compensation accrued to that date at the rate fixed
in said award. Said check or draft on the back thereof shall designate the style
and docket number of the cause and the period of time for which it pays, and
shall be accompanied by a duplicate receipt, on a form to be supplied by the
industrial commission, which receipt shall be executed in duplicate by the em­
ployee and returned to the treasurer, who shall retain one thereof and shall mail
one to the said industrial commission. Said draft, check or receipts shall be a
full and complete acquittance to the said State treasurer for the payment out




16

OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 1 9 3 6

of said fund, and no other appropriation or warrant except the certified copy
of said award and judgment of said court shall be necessary to warrant payment
out of said fund. The said fund shall be always considered as appropriated for
the purpose of making payments according to the terms of said awards.
(g ) In case death occurs as a result of occupational disease before the
total of the payments made equals the amount payable as a death benefit, then
in case the employee leaves any widow, child or children, parents, grandparents,
or other lineal heirs, entitled to compensation under section 7, the difference
between the compensation for death and the sum of the payments made to the
employee, shall be paid to the beneficiaries of the deceased employee, and dis­
tributed as provided in paragraph ( f ) of section 7, but in no case shall the
amount payable under this paragraph be less than $500.00.
(h ) In no event shall the compensation to be paid exceed fifty percentum of
the average weekly wage, or exceed $15.00 per week in amount; nor, except in
case of complete disability, as defined above, shall any payments extend over a
period of more than eight years from the date of the disablement In case an
employee shall be mentally incompetent at the time when any right or privilege
accrues to him under the provisions of this A c t a conservator or guardian may
be appointed pursuant to law, and may, on behalf of such mental incompetent,
claim and exercise any such right or privilege with the same force and effect as
if the employee himself had been mentally competent and had claimed or exer­
cised said right or privilege; and no limitations of time by this Act provided
shall run so long as said mentally incompetent employee is without a conservator
or guardian.
( i ) 1. All compensation provided for in paragraphs (b ), (c ), (d ), ( e ) and ( / )
of this section, other than in case of pension for life, shall be paid in installments
at the same intervals at which the wages or earnings of the employee were paid
at the time of the last exposure, or if this shall not be feasible, then the install­
ments shall be paid w eekly; all payments of compensation to be made not later
than two weeks after the interval for which compensation is payable.
2. P rovid ed , That any payments of compensation by the employer to an
employee shall not be construed against the employer as admitting liability to
pay compensation; and
3. P rovided fu rth er , That all compensation payments named and provided for
in paragraphs (b ), (c ), (d ), (e) and ( / ) of this section, shall mean and be
defined to be for only such occupational diseases and disabilities therefrom as
are proven by competent evidence, of which there are or have been objective con­
ditions or symptoms proven, not within the physical or mental control of the
employee himself.
( / ) 1. Wherever in this section there is a provision for fifty percentum such
percentum shall be increased five percentum for each child of the employee,
including children who have been legally adopted, under 16 years of age at the
time of the disablement to the employee until such percentum shall reach a
maximum of sixty-five percentum.
2. Wherever in this section a weekly minimum of $7.50 is provided, such mini­
mum shall be increased in the following cases to the following amounts:
$11.00 in the case of an employee having one child under the age of 16 years
at the time of the disablement of the employee;
$12.00 in case of an employee having two children under the age of 16 years
at the time of the disablement of the employee;
$13.00 in case of an employee having three children under the age of 16 years
at the time of the disablement of the employee;
$14.00 in case of an employee having four or more children under the age of
16 years at the time of the disablement of the employee.
3. Wherever in this section a weekly maximum of $15.00 is provided, such
maximum shall be increased in the following cases to the following amounts:
$16.00 in case of an employee with two children under the age of 16 years at
the time of the disablement of the employee.
$18.00 in case of an employee with three children under the age of 16 years at
the time of the disablement of the employee.
$20.00 in case of an employee with four or more children under the age of 16
years at the time of the disablement of the employee.
(k ) In case the employee is under sixteen years of age at the time of the last
day of the last exposure and is illegally employed, the amount of compensation
payable under paragraphs (b ), (c ), ( d) , ( e ) and ( f ) of this section shall be
increased fifty percentum. P rovid ed , h o w ever , That nothing herein contained
shall be construed to repeal or amend the provisions of an Act concerning child




OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 1 9 3 6

17

labor, approved June 26, 1917, as subsequently amended relating to the employ­
ment of minors under the age of sixteen years.
Seo. 9. jLump-sum pa ym en t .— Any employer or employee or beneficiary who
shall desire to have such compensation, or any unpaid part thereof, paid in a
lump sum, may petition the commission, asking that such compensation be
so paid, and if, upon proper notice to the interested parties and a proper show­
ing made before such commission or any member thereof, it appears to the
best interest of the parties that such compensation be so paid, the commission
may order the commutation of the compensation to an equivalent lump sum,
which commutation shall be an amount which will equal the total sum of the
probable future payments capitalized at their present value upon the basis of
interest calculated at three per centum per annum with annual rests: P ro­
vided, That in cases indicating complete disability no petition for a commuta­
tion to a lump sum basis shall be entertained by the commission until after
the expiration of six months from the date of the disablement, and where neces­
sary, upon proper application being made, a guardian, conservator or admin­
istrator, as the case may be, may be appointed for any person under disability
who may be entitled to any such compensation, and an employer bound by the
terms of this Act and liable to pay such compensation, may petition for the
appointment of the public administrator, or a conservator, or guardian, where
no legal representative has been appointed or is acting for such party or parties
under disability.
Subject to the provisions herein above in this paragraph contained, where no
dispute exists as to the fact that the occupational disease arose out of and in
the course of the employment and where such disease results in death or in
the amputation of any member or in the enucleation of an eye, then and in such
case the arbitrator or commission may, upon the petition of either the employer
or employee, enter an award providing for the payment of compensation
for such death or disability in accordance with the provisions of section 7 or
paragraph (e) of section 8 of this Act.
S ec . 10. B asis o f com putation .— The basis for computing the compensation
provided for in sections 7 and 8 of this Act shall be as follow s:
(a) The compensation shall be computed on the basis of the annual earnings
which the disabled person received as salary, wages or earnings if in the em­
ployment of the same employer continuously during the year next preceding
the last day of the last exposure.
(b) Employment by the same employer shall be taken to mean employment
by the same employer in the grade in which the employee was employed at the
time of the last day of the last exposure uninterrupted by absence from work
due to illness or any other unavoidable cause.
(c) If such person has not been engaged in the employment of the same
employer for the full year immediately preceding the last day of the last
exposure, the compensation shall be computed according to the annual earnings
which persons of the same class in the same employment and same location,
(or if that be impracticable, of neighboring employments of the same kind)
have earned during such period.
{d ) As to employees in employments in which it is the custom to operate
throughout the working days of the year, the annual earnings, if not otherewise
determinable, shall be regarded as 300 times the average daily earnings in such
computation.
( e ) As to employees in employments in which it is the custom to operate
for a part of the whole number of working days in each year, such number, if
the annual earnings are not otherwise determinable, shall be used instead of
300 as a basis for computing the annual earnings: P rovid ed , The minimum
number of days which shall be so used for the basis of the year’s work shall be
not less than 200.
( f ) In the case of employees who earn either no wage or less than the earn­
ings of adult day laborers in the same line of employment in that locality, the
yearly wage shall be reckoned according to the average annual earnings of
adults of the same class in the same (or if that is impracticable then of
neighboring) employments.
( g ) Earnings, for the purpose of this section, shall be based on the earnings
for the number of hours commonly regarded as a day’s work for that employ­
ment, and shall exclude overtime earnings. The earnings shall not include any
sum which the employer has been accustomed to pay the employee to cover any
special expense entailed on him by the nature of his employment.




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OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 1 9 S 6

(h ) In computing the compensation to be paid to any employee, who, before
the disablement for which he claims compensation, was disabled and drawing
compensation under the terms of this Act, the compensation for each subsequent
disablement shall be apportioned according to the proportion of incapacity and
disability caused by the respective disablements which he has suffered.
(i) To determine the amount of compensation for each installment period, the
amount per annum shall be ascertained pursuant hereto, and such amount
divided by the number of installment periods per annum.
S e c . 11. Autopsy authorized.— (a) Whenever, after the death of an employee,
any party in interest files an Application for Adjustment of Claim under this
Act, and it appears that an autopsy may disclose material evidence as to whether
or not such death was due to the inhalation of silica or asbestos dust, the indus­
trial commission, upon petition of either party, may order an autopsy at the
expense of the party requesting same, and if such autopsy is so ordered, the
commission shall designate a competent pathologist to perform the same, and
shall give the parties in interest such reasonable notice of the time and place
thereof as will afford a reasonable opportunity to witness such autopsy in person
or by a representative.
It shall be the duty of such pathologist to perform such autopsy as, in his best
judgment, is required to ascertain the cause of death. Such pathologist shall
make a complete written report of all his findings to the industrial commission
(including laboratory results described as such, if any). The said report of the
pathologist shall contain his findings on post-mortem examination and said
report shall not contain any conclusion of the said pathologist based upon the
findings so reported.
Said report shall be placed on file with the industrial commission, and shall be
a public record. Said report, or a certified copy thereof, may be introduced by
either party on any hearing as evidence of the findings therein stated, but shall
not be conclusive evidence of such findings, and either party may rebut any part
thereof.
(&)
Where an autopsy has been performed at any time with the express or
implied consent of any interested party, and without some opposing party, if
known or reasonably ascertainable, having reasonable notice of and reasonable
opportunity of witnessing the same, all evidence obtained by such autopsy shall
be barred upon objection at any hearing: Provided, That this paragraph shall
not apply to autopsies by a coroner’s physician in the discharge of his official
duties.
S eo . 12. Medical examination.— An employee entitled to receive disability
payments shall be required, if requested by the employer, to submit himself, at
the expense of the employer, for examination to a duly qualified medical prac­
titioner or surgeon selected by the employer, at any time and place reasonably
convenient for the employee, either within or without the State of Illinois, for
the purpose of determining the nature, extent and probable duration of the
occupational disease and the disability therefrom suffered by the employee,
and for the purpose of ascertaining the amount of compensation which may be
due the employee from time to time for disability according to the provisions
of this A c t: Provided, An employer requesting such an examination, of an
employee residing within the State of Illinois, shall pay in advance of the
time fixed for the examination sufficient money to defray the necessary expenses
of travel by the most convenient means to and from the place of examination,
and the costs of meals necessary during the trip, and if the examination or
travel to and from the place of examination causes any loss of working time
on the part of the employee, the employer shall reimburse him for such loss of
wages upon the basis of his average daily wage. Provided , however, That such
examination shall be made in the presence of a duly qualified medical prac­
titioner or surgeon provided and paid for by the employee, if such employee so
desires.
In all cases where the examination is made by a physician or surgeon engaged
by the employer, and the employee has no physician or surgeon present at such
examination, it shall be the duty of the physician or surgeon making the exami­
nation at the instance of the employer to deliver to the employee, or his rep­
resentative, a statement in writing of the examination and findings to the
same extent that said physician or surgeon reports to the employer and the
same shall be an exact copy of that furnished to the employer, said copy to be
furnished the employee, or his representative, as soon as practicable but not
later than the time the case is set for hearing. Such delivery shall be made
in person either to the employee or his representative, or by registered mall




OCCUPATIONAL-DISEASE LEGISLATION IN

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19

to either, and the receipt of either shall be proof of such delivery. I f such
physician or surgeon refuses to furnish the employee with such statement to
the same extent as that furnished the employer, said physician or surgeon shall
not be permitted to testify at the hearing next following said examination.
I f the employee refuses so to submit himself to examination or unnecessarily
obstructs the same, his right to compensation payments shall be temporarily
suspended until such examination shall have taken place, and no compensation
shall be payable under this Act for such period. It shall be the duty of physi­
cians or surgeons treating an employee who is likely to die, and treating him
at the instance of the employer, to have called in another physician or surgeon
to be designated and paid for by either the employee or by the person or
persons who would become his beneficiary or beneficiaries, to make an examina­
tion before the death of such employee.
In all cases where the examination is made by a physician or surgeon engaged
by the employee, and the employer has no physician or surgeon present at such
examination, it shall be the duty of the physician or surgeon making the exami­
nation at the instance of the employee, to deliver to the employer, or his rep­
resentative, a statement in writing of the examination and findings to the same
exent that said physician or surgeon reports to the employee and the same
shall be an exact copy of that furnished to the employee, said copy to be fur­
nished the employer, or his representative, as soon as practicable but not later
than the time the case is set for hearing. Such delivery shall be made in per­
son either to the employer, or his representative, or by registered mail to either,
and the receipt of either shall be proof of such delivery. I f such physician or
surgeon refuses to furnish the employer with such statement to the same extent
as that furnished the employee, said physician or surgeon shall not be permit­
ted to testify at the hearing next following said examination.
Sec. 13. Com pensation , w hen denied .— No compensation shall be payable under
this Act for any condition of physical or mental ill-being, disability, disable­
ment, or death for which compensation is recoverable on account of accidental
injury under the “Workmen’s Compensation Act” .
Sec. 14. Travel e x p e n se s; duties of certain em ployees o f com m ission.— The
members of the industrial commission, arbitrators and other employees whose
duties require them to travel, shall have reimbursed to them their actual travel­
ing expenses and disbursements made or incurred by them in the discharge of
their official duties while away from their place of residence in the performance
of their duties under this Act.
The secretary, or assistant secretary, of the commission shall furnish certified
copies, under the seal of the commission, of any such records, files, orders, pro­
ceedings, decisions, awards and other documents on file with the commission as
may be required. Certified copies so furnished by the secretary or assistant
secretary shall be received in evidence before the commission or any arbitrator
thereof, and in all courts, provided that the original of such certified copy is
otherwise competent and admissible in evidence. The secretary or assistant sec­
retary shall perform such other duties as may be prescribed from time to time
by the commission.
The security supervisor, under the direction of the industrial commission, shall
perform such duties as may be prescribed from time to time by the commission.
Seo. 15. Adm inistration o f act.— The industrial commission shall have juris­
diction over the operation and administration of the compensation provisions of
this Act, and said commission si all perform all the duties imposed upon it by
this Act, and such further duties as may hereafter be imposed by law and the
rules of the industrial commission not inconsistent therewith.
S e c . 16. P ow ers o f industrial com m ission.— The industrial commission shall
make and publish rules and orders for carrying out the duties imposed upon it
by law, which rules and orders shall be deemed prim a facie reasonable and
v alid ; and the process and procedure before the commission shall be as simple
and summary as reasonably may be. The commission upon application of either
party may issue dedim us potestatem directed to a commissioner, notary public,
justice of the peace or any other officer authorized by law to administer oath[s],
to take the depositions of such witness or witnesses as may be necessary in the
judgment of such applicant. Such dedimus potestatem may issue to any of the
officers aforesaid in any state or territory of the United States. When the
deposition of any witness resident of a foreign country is desired to be taken,
the dedimus shall be directed to and the deposition taken before a consul,
vice consul or other authorized representative of the government of the United
States of America, whose station is in the country where the witness whose




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OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 1 9 3 6

deposition is to be taken resides: Provided, That in countries where the government of the United States has no consul or other diplomatic representative,
then depositions in such case shall be taken through the appropriate judicial
authority of that country; or where treaties provide for other methods of taking
depositions, then the same may be taken as in such treaties provided. The
commission shall have the power to adopt necessary rules to govern the issue
of such dedimus potestatem. The commission, or any member thereof, or any
arbitrator designated by said commission shall have the power to administer
oath[s], subpoena and examine witnesses, to issue subpoenas duces tecum, re­
quiring the production of such books, papers, records and documents as may be
evidence of any matter under inquiry, and to examine and inspect the same and
such places or premises as may relate to the question in dispute. Said commis­
sion, or any member thereof, or any arbitrator designated by said commission,
shall on written request of either party to the dispute, issue subpoenas for the
attendance of such witnesses and production of such books, papers, records and
documents as shall be designated in said applications, providing, however, that
the parties applying for such subpoena shall advance the officer and witness
fees provided for in suits pending in the Circuit Court. Service of such sub­
poenas shall be made by any sheriff or constable or other person. In case any
person refuses to comply with an order of the commission or subpoenas issued
by it or by any member thereof, or any arbitrator designated by said commis­
sion or to permit an inspection of places or premises, or to produce any books,
papers, records, or documents, or any witness refuses to testify to any matters
regarding which he may be lawfully interrogated, the County Court of the
county in which said hearing or matter is pending, on application of any mem­
ber of the commission or any arbitrator designated by the commission, shall
compel obedience by attachment proceedings, as for contempt, as in a case of
disobedience of the requirements of a subpoena from such court or refusal to
testify therein.
The records kept by a hospital, certified to as true and correct by the super­
intendent or other officer in charge, showing the medical and surgical treatment
given an employee in such hospital, shall be admissible without any further
proof as evidence of the medical and surgical matters stated therein, but shall
not be conclusive proof of such matters.
The commission at its expense shall provide a stenographer to take the testi­
mony and record of proceedings at the hearings before an arbitrator, commit­
tee of arbitration, or the commission and said stenographer shall furnish a
transcript of such testimony or proceedings to either party requesting it, upon
payment to him therefor of ten cents per one hundred words for the original
and eight cents per one hundred words for each copy of such transcript.
The commission shall have the power to determine the reasonableness and fix
the amount of any fee of compensation charged by any person, including attor­
neys, physicians, surgeons and hospitals, for any service performed in connection
with this Act, or for which payment is to be made under this Act or rendered
In securing any right under this Act.
S eo . 17. Duties of industrial commission.— The commission shall cause to be
printed and shall furnish free of charge upon request by any employer or em­
ployee such blank forms as it shall deem requisite to facilitate or promote the
efficient administration of this Act, and the performance of the duties of the
commission; it shall provide a proper record in which shall be entered and
indexed the name of any employer who shall file a notice of election under this
Act, and the date of the filing thereof; and a proper record in which shall be
entered and indexed the name of any employee who shall file a notice of election,
and the date of the filing thereof; and such other notices as may be required
by this A c t; and records in which shall be recorded all proceedings, orders and
awards had or made by the commission, or by the arbitration committees, and
such other books or records as it shall deem necessary, all such records to be
kept in the office of the commission. The commission, in its discretion, may
destroy all papers and documents except notices of election and waivers which
have been on file for more than five years where there is no claim for compen­
sation pending, or where more than two years have elapsed since the termina­
tion of the compensation period.
S eo . 18. Questions determined "by commission.— All questions arising under
this Act, if not settled by agreement of the parties interested therein, shall,
except as otherwise provided, be determined by the industrial commission.
S eo . 19. Disputed questions; how decided.— Any disputed questions of law or
fact shall be determined as herein provided.




OCCUPATIONAL-DISEASE LEGISLATION IN

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21

(a )
It shall be the duty of the industrial commission upon notification that
the parties have failed to reach an agreement, to designate an arbitrator: P ro ­
vided, That if the compensation claimed is for a partial permanent or total per­
manent incapacity or for death, then the dispute may, at the election of any
party, be determined by a committee of arbitration consisting of three members,
which election for determination by a committee shall be made by any peti­
tioner filing with the commission his election in writing with the petition or by
any other party filing with the commission his election in writing within five
days of notice to him of the filing of the petition, and thereupon it shall be the
duty of the industrial commission upon any of the parties having filed such elec­
tion for a committee of arbitration as above provided, to notify the parties to
appoint their respective representatives on the committee of arbitration. The
commission shall designate an arbitrator to act as chairman, and if either side,
whether by mere omission or because of disagreement among parties on that
side, fails to appoint its member on the committee within seven days after notifi­
cation as above provided, the commission shall appoint a person to fill the
vacancy and notify the parties to that effect. The party filing his election for a
committee of arbitration shall with his election deposit with the commission the
sum of twenty dollars, to be paid by the commission to the arbitrators selected
by the parties as compensation for their services as arbitrators and upon a fail­
ure to deposit as aforesaid, the election shall be void and the determination shall
be by an arbitrator designated by the commission. The members of the com­
mittee of arbitration appointed by either side or one appointed by the commis­
sion to fill a vacancy by reason of the failure of one of the parties to appoint,
shall not be a member of the commission or an employee thereof.
(1)
The application for adjustment of claim filed with the industrial com­
mission shall sta te:
(a ) The approximate date of the last day of the last exposure and the
approximate date of the disablement.
( b) The general nature and character of the illness or disease claimed.
(c) The name and address of the employer by whom employed on the last
day of the last exposure and if employed by any other employer after such last
exposure and before disablement the name and address of such other employer
or employers.
(d) In case of death, the date and place of death.
(e) Amendments to applications for adjustment of claim which relate to
the same disablement or disablement resulting in death originally claimed upon
may be allowed by the industrial commission or an arbitrator thereof, in their
discretion, and in the exercise of such discretion, they may in proper cases order
a trial de novo ; such amendment shall relate back to the date of the filing of the
original application so amended.
{ f ) Whenever any claimant misconceives his remedy and files an application
for adjustment of claim under this Act and it is subsequently discovered, at
any time before final disposition of such cause, that the claim for disability or
death which was the basis for such application should properly have been made
under the Workmen’s Compensation Act, then the provisions of section 19 para­
graph ( a - 1 ) of the Workmen’s Compensation Act having reference to such appli­
cation shall apply.
Whenever any claimant misconceives his remedy and files an application for
adjustment of claim under the Workmen’s Compensation Act and it is sub­
sequently discovered, at any time before final disposition of such cause that
the claim for injury or death which was the basis for such application should
properly have been made under this Act, then the application so filed under
the Workmen’s Compensation Act may be amended in form, substance or both
to assert claim for such disability or death under this Act and it shall be
deemed to have been so filed as amended on the date of the original filing
thereof, and such compensation may be awarded as is warranted by the whole
evidence pursuant to the provisions of this Act. When such amendment is
submitted, further or additional evidence may be heard by the arbitrator or
industrial commission when deemed necessary: P rovid ed , That nothing in this
section contained shall be construed to be or permit a waiver of any pro­
visions of this Act with reference to notice or demand, but notice or demand
if given shall be deemed to be a notice or a demand under the provisions of
this Act if given within the time required herein.
(b)
The arbitrator or committee of arbitration shall make such inquiries and
investigations as he or they shall deem necessary and may examine and in­
spect all books, papers, records, places, or premises relating to the questions




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OCCUPATIONAL-DISEASE LEGISLATION IN

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in dispute and hear such proper evidence as the parties may submit. The
hearings before the arbitrator or committee of arbitration shall be held in the
vicinity where the last exposure occurred, after ten days’ notice of the time
and place of such hearing shall have been given to each of the parties or
their attorneys of record. The arbitrator or committee of arbitration may
find that the disabling condition is temporary and has not yet reached a per­
manent condition and may order the payment of compensation up to the date
of the hearing, which award shall be reviewable and enforceable in the same
manner as other awards, and in no instance be a bar to a further hearing and
determination of a further amount of temporary total compensation or of a
compensation for permanent disability, but shall be conclusive as to all other
questions except the nature and extent of said disability. The decision of the
arbitrator or committee of arbitration shall be filed with the industrial com­
mission, which commission shall immediately send to each party or his attor­
ney a copy of such decision, together with a notification of the time when it
was filed, and unless a petition for review is filed by either party within
fifteen days after the receipt by said party of the copy of said decision and
notification of time when filed, and unless such party petitioning for a review
shall within twenty days after the receipt by him of the copy of said decision,
file with the commission either an agreed statement of the facts appearing
upon the hearing before the arbitrator or committee of arbitration or if such
party shall so elect, a correct transcript of evidence of the proceedings at
such hearings, then the decision shall become the decision of the industrial
commission and in the absence of fraud shall be conclusive: P rovid ed , That
such industrial commission or any member thereof may grant further time not
exceeding thirty days, in which to petition for such review or to file such
agreed statement or transcript of evidence. Such agreed statement of facts
or correct transcript of evidence, as the case may be, shall be authenticated by
the signatures of the parties or their attorneys, and in the event they do not
agree as to the correctness of the transcript of evidence it shall be authenti­
cated by the signature of the arbitrator designated by the commission.
(c)
The industrial commission may appoint, at its own expense, a duly
qualified, impartial physician to examine the employee and report to the com­
mission. The fee for this service shall not exceed five dollars and traveling
expenses but the commission may allow additional reasonable amounts in
extraordinary cases.
{d ) I f any employee .shall persist in insanitary or injurious practices which
tend either to imperil or retard his recovery or shall refuse to submit to such
medical surgical or hospital treatment as is reasonably essential to promote
his recovery the commission may in its discretion, reduce or suspend the
compensation of any such employee.
(6) If a petition for review and agreed statement of facts or transcript of
evidence is filed, as provided herein, the industrial commission shall promptly
review the decision of the arbitrator or committee of arbitration and all ques­
tions of law or fact which appear from the said statement of facts or transcript
of evidence, and such additional evidence as the parties may submit. After
such hearing upon review, the commission shall file in its office its decision
thereon, and shall immediately send to each party or his attorney a copy of
such decision and a notification of the time when it was filed.
Such review and hearing may be held in its office or elsewhere as the com­
mission may deem advisable: P rovided, That the taking of testimony on such
hearing may be had before any member of the commission and in the event
either of the parties may desire an argument before others of the commission,
such argument may be had upon written demand therefor filed with the com­
mission at least five days before the date of the hearing, in which event such
argument shall be had before not less than a majority of the commission: P ro ­
vided, That the commission shall give ten days’ notice to the parties or their
attorneys of the time and place of such taking of testimony and of such argu­
ment.
In any case the commission in its decision may in its discretion find specially
upon any question or questions of law or fact which shall be submitted in
writing by either party, whether ultimate or otherwise. Any party may, within
twenty days after receipt of notice of the commission’s decision, or within
such further time not exceeding thirty days, as the commission may grant,
file with the commission either an agreed statement of the facts appearing
upon the hearing, or, if such party shall so elect, a correct transcript of evi-




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dence of the additional proceedings presented before the commission, in which
report the party may embody a correct statement of such other proceedings
in the case as such party may desire to have reviewed, such statement of facts
or transcript of evidence to be authenticated by the signature of the parties
or their attorneys, and in the event that they do not agree, then the authentica­
tion of such transcript of evidence shall be by the signature of any member
of the commission. I f a reporter does not for any reason furnish a transcript
of the proceedings before the arbitrator in any case for use on a hearing for
review before the industrial commission, within the limitations of time as
fixed in this section, the industrial commission may, in its discretion, order
a trial de novo before the industrial commission in such case upon application
of either party. The applications for adjustment of claim and other documents
in the nature of pleadings filed by either party, together with the decisions
of the arbitrator and of the industrial commission and the statement of
facts or transcripts of evidence herein provided for shall be the record of the
proceedings of said commission, and shall be subject to review as hereinafter
provided.
(f )
The decision of the industrial commission acting within its powers
according to the provisions of paragraph ( e ) of this section shall, in the ab­
sence of fraud, be conclusive unless reviewed as in this paragraph hereinafter
provided: P rovid ed , h ow ever, That the arbitrator or the commission may on his
or its own motion, or on the motion of either party, correct any clerical error or
errors in computation within fifteen days after the date of any award by such
arbitrator or any decision on review of the commission, and shall have the
power to recall the original award on arbitration or decision on review, and
issue in lieu thereof such corrected award or decision. Where such correction
is made the time for appeal or review herein specified shall begin to run from
the date of the receipt of the corrected award or decision.
1. The Circuit Court of the county where any of the parties defendant may
be found, except in such cases as arise in a proceeding in which, under para­
graph (&) of this section, the decision of the arbitrator or committee of arbitration has become the decision of the industrial commission, shall by writ of cer­
tiorari to the industrial commission have power to review all questions of law
and fact presented by such record; provided no additional evidence shall be
heard in the Circuit Court Such suit by writ of certiorari shall be commenced
within twenty days of the receipt of notice of the decision of the commission.
Such writ of certiorari and writ of scire facias shall be issued by the clerk of
such court upon praecipe returnable on a designated return day, not less than
ten or more than sixty days from the date of issuance thereof, and the praecipe
shall contain the last known address of other parties in interest and their attor­
neys of record who are to be served by scire facias . Service upon any member
of the industrial commission or the secretary or the assistant secretary thereof
shall be service upon the commission, and service upon other parties in interest
and their attorneys of record shall be by scire facias, and sueh service shall be
made upon said commission and other parties in interest by mailing notices of
the commencement of the proceedings and the return day of the writ to the office
of the said commission and to the last known place of residence of other parties
in interest or their attorney or attorneys of record. The clerk of the court
issuing the writ of scire facias shall on the day of issue mail notice of the com­
mencement of the proceedings which shall be done by mailing a copy of the
writ of certiorari to the office of the industrial commission, and a copy of the
writ of scire facias to the other parties in interest or their attorney or attorneys
of record, and the clerk of said court shall make certificate that he has so sent
said notices in pursuance of this section, which shall be evidence of service on
the commission and other parties in interest.
The industrial commission shall not be required to certify the record of their
proceedings to the Circuit Court, unless the party commencing the proceedings
for review in the Circuit Court as above provided, shall pay to the commission
the sum of ten cents per one hundred words of testimony taken before said
commission and six cents per one hundred words of all other matters contained
in such record, and it shall be the duty of the commission, upon such payment,
to prepare a true and correct typewritten copy of such testimony and a true and
correct copy of all other matters contained in such record, and certified to by the
secretary or assistant secretary thereof.
In its decision on review the industrial commission shall determine in each
particular case the amount of the probable cost of the record to be filed as a




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return to the writ of certiorari in that case and no praecipe for a writ of cer­
tiorari may be filed and no writ of certiorari shall issue unless the party seeking
to review the decision of the industrial commission shall exhibit to the clerk of
the said Circuit Court a receipt showing payment of the sums so determined to
the industrial commission.
2. No such writ of certiorari shall issue unless the one against whom the
industrial commission shall have rendered an award for the payment of money
shall upon the filing of his praecipe for such writ file with the clerk of said
court a bond conditioned that if he shall not successfully prosecute said writ, he
will pay the said award and the costs of the proceedings in said court. The
amount of the bond shall be fixed by any member of the industrial commission
and the surety or sureties of said bond shall be approved by the clerk of said
court.
The State and every county, city, town, township, incorporated village, school
district, body politic or municipal corporation having a population of five hun­
dred thousand or more against whom the industrial commission shall have
rendered an award for the payment of money shall not be required to file a
bond to secure the payment of said award and the costs of the proceedings in
said court to authorize said court to issue such writ of certiorari.
The court may confirm or set aside the decision of the industrial commission.
If the decision is set aside and the facts found in the proceedings before the
commission are sufficient, the court may enter such decision as is justified by
law, or may remand the cause to the industrial commission for further proceed­
ings and may state the questions requiring further hearing, and give such other
instructions as may be proper.
Judgments and orders of the Circuit Court under this Act shall be reviewed
only by the Supreme Court upon a writ of error which the Supreme Court in its
discretion may order to issue, if applied for within thirty days after the rendi­
tion of the Circuit Court judgment or order sought to be reviewed. The writ
of error when issued shall operate as a supercedeas.
The bond filed with the praecipe for the writ of certiorari as provided in this
paragraph shall operate as a stay of judgment or order of the Circuit Court
until the time shall have passed within which an application for a writ of error
can be made, and until the Supreme Court has acted upon the application for
a writ of error, if such application is made.
It shall be the duty of the clerk of any court rendering a decision affecting or
affirming an award of the commission promptly to furnish the commission with
a copy of such decision, without charge.
The decision of a majority of the members of the committee of arbitration
or of the industrial commission, shall be considered the decision of such com­
mittee or commission, respectively.
(g ) Either party may present a certified copy of the award of the arbitrator,
or a certified copy of the decision of the industrial commission when the same
has become final, when no proceedings for review are pending, providing for the
payment of compensation according to this Act, to the Circuit Court of the
county where the last exposure occurred or either of the parties are residents,
whereupon said court shall render a judgment in accordance therewith; and in
case where the employer refuses to pay compensation according to such final
award or such final decision upon which such judgment is entered, the court
shall in entering judgment thereon, tax as costs against him the reasonable costs
and attorney fees in the arbitration proceedings and in the court entering the
judgment for the person in whose favor the judgment is entered, which judg­
ment and costs taxed as herein provided shall, until and unless set aside, have
the same effect as though duly rendered in an action duly tried and determined
by said court, and shall with like effect, be entered and docketed. The Circuit
Court shall have power at any time upon application to make any such judg­
ment conform to any modification required by any subsequent decision of the
Supreme Court upon appeal, or as the result of any subsequent proceedings for
review, as provided in this Act.
Judgment shall not be entered until fifteen days’ notice of the time and place
of the application for the entry of judgment shall be served upon the employer
by filing such notice with the industrial commission, which commission shall,
in case it has on file the address of the employer or the name and address of
its agent upon whom notices may be served, immediately send a copy of the
notice to the employer or such designated agent.
(h ) An agreement or award under this Act providing for compensation
in installments, may at any time within eighteen months after such agreement




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or award be reviewed by the industrial commission at the request of either the
employer or the employee, on the ground that the disability of the employee
has subsequently recurred, increased, diminished or ended; and on such review
compensation payments may be reestablished, increased, diminished or ended:
Provided, That the commission shall give fifteen days’ notice to the parties of
the hearing for review: And, provided, further, Any employee, upon any peti­
tion for such review being filed by the employer, shall be entitled to one day’s
notice for each one hundred miles necessary to be traveled by him in attend­
ing the hearing of the commission upon said petition, and three days in addi­
tion thereto, and such employee shall, at the discretion of the commission, also
be entitled to five cents per mile necessarily traveled by him within the State of
Illinois in attending such hearing, not to exceed a distance of 300 miles, to be
taxed by the commission as costs and deposited with the petition of the em­
ployer: Provided, further, That when compensation which is payable in ac­
cordance with an award or settlement contract approved by the industrial com­
mission, is ordered paid in a lump sum by the commission, no review shall be
had as in this paragraph mentioned.
( i ) Each party, upon taking any proceedings or steps whatsoever before
any arbitrator, committee of arbitration, industrial commission or court, shall
file with the industrial commission his address, or the name and address of
any agent upon whom all notices to be given to such party shall be served,
either personally or by registered mail, addressed to such party or agent at
the last address so filed with the industrial commission: Provided, That in the
event such party has not filed his address, or the name and address of an agent,
as above provided, service of any notice may be had by filing such notice with
the industrial commission.
( j ) Whenever in any proceeding testimony has been taken or a final de­
cision has been rendered, and after the taking of such testimony or after such
decision has become final, the employee dies, then in any subsequent proceeding
brought by the personal representative or beneficiaries of the deceased empoyee, such testimony in the former proceeding may be introduced with the same
force and effect as though the witness having so testified were present in per­
son in such subsequent proceedings and such final decision, if any, shall be taken
as final adjudication of any of the issues which are the same in both proceed­
ings.
(k) In any cases where there has been any unreasonable or vexatious delay
of payment or intentional underpayment of compensation, or proceedings have
been instituted or carried on by the one liable to pay the compensation, which
do not present a real controversy, but are merely frivolous or for delay, then
the commission may award compensation additional to that otherwise payable
under this Act equal to fifty per centum of the amount payable at the time
of such award. Failure to pay compensation in accordance with the provisions
of section 8, paragraph (i) of this Act, shall be considered unreasonable delay.
S e c . 20. Report of commission.— The industrial commission shall report in
writing to the Governor on the 30th day of June, annually, the details and
results of its administration of this Act, in accordance with the terms of this
Act, and may prepare and issue such special bulletins and reports from time
to time as in the opinion of the commission seems advisable.
S ec . 21. Assignment.— No payment, claim, award or decision under this Act shall
be assignable or subject to any lien, attachment or garnishment, or be held
liable in any way for any lien, debt, penalty or damages. And the compensation
allowed by any award or decision of the commission shall be entitled to a prefer­
ence over the unsecured debts of the employer, wages excepted, contracted after
the date of the disablement of an employee. A decision or award of the indus­
trial commission against an employer for compensation under this Act, or a
written agreement by an employer to pay such compensation shall, upon the
filing of a certified copy of the decision or said agreement, as the case may be,
with the recorder of deeds of the county, constitute a lien upon all property of
the employer within said county, paramount to all other claims or liens, except
mortgages, trust deeds, or for wages or taxes, and such liens may be enforced in
the manner provided for the foreclosure of mortgages under the laws of this
State. Any right to receive compensation hereunder shall be extinguished by
the death of the person or persons entitled thereto, subject to the provisions of
this Act relative to compensation for death received in the course of
employment, and subject to the provisions of paragraph (e) of section 8 of this
Act relative to specific lo ss: Provided , That upon the death of a beneficiary, who
is receiving compensation provided for in section 7, leaving surviving a parent,




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sister, or brother of the deceased employee, at the time of his death dependent
upon him for support, who were receiving from such beneficiary a contribution
to support, then that proportion of the compensation of the beneficiary which
would have been paid but for the death of the beneficiary, but in no event ex­
ceeding said unpaid compensation, which the contribution of the beneficiary to
the dependent’s support within one year prior to the death of the beneficiary
bears to the compensation of the beneficiary within that year, shall be continued
for the benefit of such dependents, notwithstanding the death of the beneficiary.
S eo . 22. F raudu lent con tra cts .— Any contract or agreement made by any em­
ployer or his agent or attorney with any employee or any other beneficiary of any
claim under the provisions of this Act within seven days after the disablement
shall be presumed to be fraudulent.
S ec . 23. W a iv e r o f com pensation .— No employee, personal representative, or
beneficiary shall have power to waive any of the provisions of this Act in regard
to the amount of compensation which may be payable to such employee, per­
sonal representative, or beneficiary hereunder except after approval by the
industrial commission: P rovid ed , h o w ev er , That any employee who prior to the
taking effect of this Act has contracted silicosis or asbestosis but is not disabled
therefrom, may within sixty days after the taking effect of this Act, file with the
industrial commission a request for permission to waive full compensation on
account of disability or death resulting from silicosis or asbestosis, or any direct
result thereof, supported by medical evidence satisfactory to the industrial com­
mission, that he has actually contracted silicosis or asbestosis but is not disabled
therefrom, and if the industrial commission shall approve such waiver, the com­
pensation payable, for such resulting disability or death of such employee, after
further exposure in the employment of any employer who has elected pursuant
to paragraphs (a ) and (&) of section 4 of this Act, shall be fifty percentum of
the compensation which but for such waiver would have been payable by any
such employer.
S eo . 24. N otice to the em ployer.— No proceedings for compensation under this
Act shall be maintained unless notice has been given to the employer of disable­
ment arising from an occupational disease as soon as practicable after the date
of the disablement.
In case of mental incapacity of the employee or any dependents of a deceased
employee who may be entitled to compensation, under the provisions of this
Act, the limitations of time in this section of this Act provided shall not begin
to run against said mental incompetents until a conservator or guardian has
been appointed. No defect or inaccuracy of such notice shall be a bar to the
maintenance of proceedings on arbitration or otherwise by the employee unless
the employer proves that he is unduly prejudiced in such proceedings by such
defect or inaccuracy. Notice of the disabling disease may be given orally or in
waiting: P rovid ed , No proceedings for compensation under this Act shall be
maintained unless claim for compensation has been made within six (6) months
after the occurrence of the disablement from the occupational disease: P rovid ed
fu rth er , that in any case, unless application for compensation is filed with the
industrial commission within one (1) year after the date of the disablement, or
within one (1) year after the date of the last payment of compensation, if any
has been paid, the right to file such application shall be barred.
S eo . 25. P resum ption o f exposu re .— An employee shall be conclusively deemed
to have been exposed to the hazards of an occupational disease when for any
length of time however short, he is employed in an occupation or process in
which the hazard of the disease exists.
The employer liable for the compensation in this Act provided shall be the
employer in whose employment the employee was last exposed to the hazard of
the occupational disease claimed upon regardless of the length of time of such
last exposure: P rovid ed f That in cases of silicosis or asbestosis, the only em­
ployer liable shall be the last employer in whose employment the employee was
last exposed during a period of sixty (60) days or more after the effective date
of this Act, to the hazard of such occupational disease, and, in such cases, an
exposure during a period of less than sixty (60) days, after the effective date
of this Act, shall not be deemed a last exposure.
The insurance carrier liable shall be the carrier whose policy was in effect
covering the employer liable on the last day of the exposure rendering such
employer liable in accordance with the provisions of this Act.
S eo . 26. D u ties of electing em ployer .— (u) Any employer electing to provide
and pay the compensation provided for in this Act sh all:




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(1 ) File with the commission a sworn statement showing his financial ability
to pay the compensation provided for in this Act, the affidavit to which state­
ment shall be signed and sworn to by the president or vice president and secre­
tary or assistant secretary of said employer if it be a corporation, or by all of
the partners if it be a co-partnership, or by the owner if it be neither a co­
partnership nor a corporation, or if any such employer fails to file such a sworn
statement, or if the sworn statement of any such employer does not satisfy the
commission of the financial ability of the employer who has filed it, the commis­
sion shall require such employer to,
(2) Furnish security, indemnity or a bond guaranteeing the payment by the
employer of the compensation provided for in this Act, or
(3) Insure his entire liability to pay such compensation in some insurance
carrier authorized, licensed, or permitted to do such insurance business in this
State: P rovid ed , All policies of such insurance carriers insuring the payment
of compensation under this Act shall cover all the employees and all such em­
ployer’s compensation liability in all cases in which the last day of the last
exposure to the occupational disease involved is within the effective period of
the policy, anything to the contrary in said policy notwithstanding: P rovid ingt
fu rth er , That no policy of insurance in effect at the time of the enactment of
this Act, covering the liability of an employer for workmen’s compensation,
shall be construed to cover the liability of such employer under this Act for any
occupational disease unless such liability is expressly accepted by the insurance
carrier issuing such policy and is endorsed thereon; the insurance or security in
force to cover compensation liability under this Act shall be separate and dis­
tinct from the insurance or security under the “ Workmen’s Compensation Act”
and any insurance contract covering liability under either Act need not cover
any liability under the other; nothing herein contained shall apply to policies of
excess liability carriage secured by employers who have qualified under subparagraphs 1 or 2 of paragraph (a ) of this section, or
(4) Make some other provision, satisfactory to the industrial commission, for
the securing of the payment of compensation provided for in this Act, and
(5) Upon becoming subject to this Act and thereafter as often as the com­
mission may in writing demand, file with the commission in form prescribed by
it evidence of his compliance with the provisions of this section.
(6 ) The sworn statement of financal ability, or security, indemnity or bond,
or amount of insurance, or other provisions, filed, furnished, carried, or made
by the employer, as the case may be, shall be subject to the approval of the
commission, upon the approval of which, the commission shall send to the
employer written notice of its approval thereof. A certificate of compliance
with the provisions of subparagraphs 2 and 3 of paragraph (a) of this section
shall within five days after the effective date of said policy be delivered by the
insurance carrier to the industrial commission. Said policy shall remain in
full force and effect until thirty days after receipt by the industrial com­
mission of notice of its cancellation or expiration and shall cover all com­
pensation liability occurring during said time.
(c)
Whenever the industrial commission shall find that any corporation,
company, association, aggregation of individuals, reciprocal or inter insurers
exchange, or other insurer effecting workmen’s compensation insurance in this
State shall be insolvent, financially unsound, or unable fully to meet all pay­
ments and liabilities assumed or to be assumed for compensation insurance in
this State, or shall practice a policy of delay or unfairness toward employees in
the adjustment, settlement, or payment of benefits due such employees, the said
industrial commission may after reasonable notice and hearing order and direct
that such corporation, company, association, aggregation of individuals, recipro­
cal or interinsurers exchange, or insurer, shall from and after a date fixed in
such order discontinue the writing of any such workmen’s compensation insur­
ance in this State. Subject to such modification of said order as the commis­
sion may later make on review of said order, as herein provided, it shall there­
upon be unlawful for any such corporation, company, association, aggregation
of individuals, reciprocal or interinsurers exchange, or insurer to effect any
workmen’s compensation insurance in this State. All orders made by the in­
dustrial commission under this section shall be subject to review by the courts,
said review to be taken in the same manner and within the same time as
provided by section 19 of this Act for review of awards and decisions of the
industrial commission, upon the party seeking said review filing with the clerk
26848*




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o f the court to which said review is taken a bond in an am ount to be fixed
and approved by the ju d ge o f the court to which said review is taken, con­
ditioned upon the paym ent o f all compensation awarded against said person
taking said review pending a decision th e r e o f: Provided , T h a t upon said review
the circuit court shall have power to review all questions o f fa ct as w ell
as o f law .
(d )
The failu re or neglect o f an employer to comply w ith any o f the provisions
o f paragraph (a ) o f this section or the fa ilu re or refusal o f an insurance carrier
to comply w ith any order o f the industrial commission pursuant to paragraph
(e ) o f this section, shall be deemed a misdemeanor punishable by a fine o f not
less than one hundred dollars nor more than five hundred dollars, for each day
o f such refusal or neglect until the same ceases. Each day o f such refusal or
neglect shall constitute a separate offense. Provided, T hat the penalty provided
fo r in this paragraph shall not attach and shall not begin to run until the final
determination o f the order of the commission.
In all prosecutions under this section the venue m ay be in any county wherein
said employer or insurance carrier has property or m aintains a principal office.
Upon the failure or refusal o f any employer or insurance carrier to comply w ith
the orders of the industrial commission under this section, or the order o f the
court on review after final adjudication, it shall be the duty o f the industrial
commission im mediately to report said failure or refusal to the Attorney General
and it shall be the duty o f said A ttorney General w ithin thirty days a fter
receipt o f said notice, to institute prosecutions and promptly prosecute all
reported violations o f this section.
Sec. 27. Benefit associations not affected.— (a) T h is A ct shall not affect or dis­
turb the continuance o f any existing insurance, m utual aid, benefit, or relief
association or department, whether m aintained in whole or in part by the em ­
ployer or whether m aintained by the employees, the paym ent o f benefits o f such
association or departm ent being guaranteed by the em ployer or by some per­
son, firm or corporation for h im : Provided , Th e employer contributes to such
association or department an amount not less than the fu ll compensation herein
provided, exclusive o f the cost o f the m aintenance o f such association or depart­
ment and w ithout any expense to the employee. T h is A ct shall not prevent the
organization and m aintaining under the insurance law s o f this State o f any
benefit or insurance company fo r the purpose o f insuring against the compen­
sation provided fo r in this Act, the expense o f which is maintained by the
employer. This A ct shall not prevent the organization or m aintaining under
the insurance law s o f this State of any voluntary mutual aid, benefit or relief
association among employees fo r the paym ent o f additional accident or sick
benefits.
(b) No existing insurance, m utual aid, benefit or relief association or depart­
m ent shall, by reason of anything herein contained, be authorized to discontinue
its operation without first discharging its obligations to any and all persons
carrying insurance in the same or entitled to relief or benefits therein.
(c ) A n y contract, oral, written or implied, o f employment providing fo r relief
benefit, or insurance or any other device whereby the employee is required to
pay any premium or premiums fo r insurance against the compensation provided
for in this A ct shall be null and void, and any employer withholding from the
wages of any employee any amount for the purpose o f paying any such premium
shall be guilty o f a m isdem eanor and punishable by a fine o f not less than ten
dollars nor more than one thousand dollars, or imprisonment in the county ja il
fo r not more than six months, or both, in the discretion o f the court.
Sec. 28. Liability of insurer.— In the event the employer does not pay the
compensation fo r which he is liable, then an insurance company, association or
insurer which m ay have insured such employer against such liability shall be­
come prim arily liable to pay to the employee, his personal representative or bene­
ficiary the compensation required by the provisions o f this A ct to be paid by
such employer. Th e insurance carrier m ay be m ade a party to the proceedings
to which the employer is a party and an aw ard m ay be entered jointly against
the employer and the insurance carrier.
Sec. 29. Disablement caused by third person.— W h e re a disablem ent or death
fo r which compensation is payable by the employer under this A ct w as not
proxim ately caused by the negligence of the employer or his employees, and w as
caused under circumstances creating a legal liability for dam ages in some person
other than the employer to pay damages, such other person having also elected
to provide and pay compensation under this Act, the right o f the emnloyee




O CCU PAT ION AL-D ISEA SE LEG ISL ATIO N I N U N IT E D STA TE S, 1 9 3 6

29

or personal representative to recover against such other person shall be trans­
ferred to his employer and such employer m ay bring legal proceedings against
such other person to recover the dam ages sustained, in an amount not exceeding
the aggregate amount o f compensation payable under this A ct, by reason o f the
disablement or death o f such employee.
W h ere the disablement or death fo r which compensation is payable under this
A ct was not proxim ately caused by the negligence o f the employer or his em ­
ployees and w as caused under circumstances creating a legal liability for dam­
ages on the part o f some person other than the employer to pay damages, such
other person not having elected to provide and pay compensation under this
A ct, then legal proceedings m ay be taken against such other person to recover
damages notw ithstanding such employer’s paym ent o f or liability to pay com­
pensation under this Act. In such case, however, if the action against such
other person is brought by the disabled employee or his personal representative
and judgm ent is obtained and paid, or settlement is made w ith such other per­
son, either w ith or w ithout suit, then from the am ount received by such em­
ployee or personal representative there shall be paid to the employer the
amount o f compensation paid or to be paid by him to such employee or per­
sonal representative.
I f the disabled employee or his personal representative shall agree to receive
compensation from the employer or accept from the employer any paym ent on
account o f such compensation, or to institute proceedings to recover the same,
the said employer m ay have or claim a lien upon any award, judgm ent or
fund out o f which such employee might be compensated from such third party.
In such action brought by the employee or his personal representative, he
shall forthw ith notify his employer by personal service or registered m ail, o f
such fact and o f the name of the court in which such suit is brought, filing
proof thereof in such action. The employer m ay, at any tim e thereafter join
in said action upon his m otion so that all orders o f court a fter hearing and
judgm ent shall be made for his protection. N o release or settlement o f claim
for damages by reason o f such disability or death, and no satisfaction o f ju d g ­
ment in such proceedings, shall be valid w ithout the written consent o f both
employer and employee or his personal representative, except in the case o f the
employers, such consent shall not be required where said employer has been
fu lly indemnified or protected by court order.
In the event the said employee or his personal representative shall fa il to
institute a proceeding against such third person at any tim e prior to three
months before said action would be barred at law said employer m ay in his own
name, or in the nam e o f the employee, or his personal representative, com­
mence a proceeding against such other person fo r the recovery o f damages on
account o f such disability or death to the employee, and out o f any amount
recovered the employer shall pay over to the injured employee or his personal
representative all sums collected from such other person by judgm ent or other­
w ise in excess o f the amount o f such compensation paid or to be paid under
this A ct, and costs, attorney’ s fees and reasonable expenses as m ay be incurred
by such employer in making such collection or in enforcing such liability.
Sec. 30. R e p o r t s "by e m p l o y e r to c o m m is s io n .— I t shall be the duty o f every
employer within the compensation provisions o f this A ct to send to the indus­
trial com m ission in w riting an im m ediate report o f a ll occupational diseases
arising out o f and in the course o f the em ploym ent and resulting in d e a th ;
it shall also be the duty o f every such employer to report between the 15th
and the 25th o f each month to the industrial commission all occupational
diseases fo r which compensation has been paid under this Act, which entail a
loss to the employee o f more than one week’s time, and in case the occupational
disease results in permanent disability, a further report shall be m ade as soon
as it is determined th at such permanent disability has resulted or w ill result
therefrom. A ll reports shall state the date o f the disablement, the nature of
the employer’s business, the name, address, the age, sex, conjugal condition o f
the person, the specific occupation o f the person, the nature and character o f the
occupational disease, the length o f disability, and, in case o f death, the length
of disability before death, the wages o f the employee, whether compensation has
been paid, to the employee, or to his legal representatives or his heirs or next
o f kin, the am ount o f compensation paid, the am ount paid fo r physicians’ , sur­
geons’ and hospital bills, and by whom paid, and the amount paid for funeral
or burial expenses, if known. The making o f reports as provided herein shall
relieve the employer from m aking such reports to any other officer o f the State.




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STA TES,

1936

Seo. 31. E m p l o y e r r e q u ir ed to p o s t n o tic e s .— Every employer operating under
the compensation provisions o f this A ct shall, under the rules and regulations
prescribed by the industrial commission, post printed notices in their respective
places of employment in such number and at such places as m ay be determined
by the commission, containing such inform ation relative to this A ct as in the
judgm ent o f the commission m ay be necessary to aid employees to safeguard
their rights under this Act.
Sec. 32. V io la tio n s .— A n y w ilfu l neglect, refusal or failure to do the things
required to be done by any section, clause, or provision of this Act, on the part
o f the persons herein required to do them, or any violation of any o f the provi­
sions or requirements hereof, or any attem pt to obstruct or interfere w ith any
court officer, or any other person charged with the duty o f administering or
enforcing the provisions o f this Act, shall be deemed a misdemeanor, punishable
by a fine o f not less than $10.00 nor more than $500.00, a t the discretion o f the
court.
Sec. 33. R e p e a l o f p r e v io u s a c ts .— “A n A ct to promote public health by pro­
tecting certain employees in this State from dangers o f occupational diseases,
and providing for the enforcement thereof,” approved M ay 26, 1911, as amended,
and section 4 o f “A n A ct in relation to employments creating poisonous fum es
or dusts in harm ful quantities, and to provide for the enforcement thereof,”
approved June 29, 1915, are hereby repealed.
Sec. 34. E f f e c t o f re p e a l .— No repeal of any act or part thereof herein con­
tained shall extinguish or in any w ay affect any right o f action thereunder
existing at the time this A ct takes effect; and no employer shall be liable for
compensation or damages under this A ct in any case in which the disablement
on which claim is predicated shall have occurred prior to the date this A ct
becomes effective; P r o v id e d , T h at nothing in this section shall affect any case
in which exposure as defined in this A ct shall have taken place after the
effective date o f this Act.
Seo. 35. E f f e c t iv e d a te .— T h is A ct shall take effect on October 1, 1936.

KENTUCKY
C A R R O L L ’S S T A T U T E S , 1930
S e c t io n ' 4880 (a s amended 1934, ch. 8 9 ).
A c c i d e n t s ; d is e a s e s .—
* * * It
shall affect the liability o f the em ployers subject thereto to their employees fo r
personal injuries sustained by the employee by accident arising out o f and in
the course o f his employment, or for death resulting from such accidental in­
ju r y : P r o v id e d , h o w e v e r , T h a t personal injury by accident as herein defined
shall not include diseases except where the disease is the natural and direct
result of a traum atic injury by accident, nor shall they include the results o f a
preexisting disease but shall include injuries or death due to inhalation in
mines o f noxious gases or smoke, commonly known as “bad air” , and also shall
include the injuries or death due to the inhalation o f any kind o f gas. * * *
and any employers and their employees engaged in the operation o f glass m anu­
factu rin g plants, quarries, sand mines or in the m anufacture, treating, or
handling o f sand m ay, w ith respect to the disease o f silicosis caused by the
inhaLition o f silica dust, in like manner voluntarily subject them selves thereto
as to such disease.
Sec. 4882 (as amended 1934, ch. 8 9 ). W i l f u l m is c o n d u c t o f t h e e m p l o y e e .—
* * * N otw ithstanding anything hereinafter or hereafter contained, no em ­
ployee or dependent o f any employee shall be entitled to receive compensation
on account o f any in ju ry to or death o f an employee caused by a w ilfu l selfinflicted injury, w ilfu l misconduct or intoxication o f such employee. T he w ords
“ w ilfu l misconduct” as used in this section, when relating to the disease of sili­
cosis caused by the inhalation o f silica dust, shall include (1 ) failu re or om is­
sion on the part o f an employee to observe such rules and recom m endations as
m ay be adopted by the em ployer and approved by the workm en’s compensation
board and which rules and recommendations have been and are kept posted in a
conspicuous place in and about the plant, (2 ) failu re or omission on the part of
an employee tru th fu lly to state to the best o f his knowledge in answ er to inquiry
m ade by the em ployer the place, duration, and nature o f previous em ploym ent,
(3 )
fa ilu re and omission on the part o f an employee tru th fu lly to furnish to
the best o f his knowledge in answ er to an inquiry m ade by the em ployer fu ll
Inform ation about the previous status o f his health, habits, and m edical atten-




OCCUPATIONAL-DISEASE LEGISLATION IN

UNITED STATES, 1 9 3 6

31

tion that he or his blood relatives m ay have heretofore received, and (4 ) fa ilu re
or refusal to submit to m edical exam ination to determ ine his physical condition
with reference to the disease o f silicosis whenever such exam ination is ordered by
the board, or to evade or obstruct such exam ination.

MASSACHUSETTS
GENERAL

L A W S , 1932

C h a p t e r 152

Section 26. Coverage.— I f an employee * * * receives a personal injury
arising out o f and in the course o f his em ploym ent * * * he shall be paid
compensation by the insurer, * * *.
*
Sec. 9B

*

*

*

*

*

*

(a s added 1935, ch. 4 2 4 ). Industrial disease referees. — The board
o f registration in medicine shall, as soon as this section takes effect, prepare
and transm it to the department a list o f registered physicians. In the event o f
any employee, or in case of his death his legal representative or dependents,
m aking a claim for compensation alleging that his injury is due to an industrial
disease, the industrial accident board shall submit the claim to 3 physicians
selected by it from said list, who shall be im partial. Such 3 physicians shall be
known as industrial disease referees. Th ey m ay m ake such exam inations o f the
employee and cause to be m ade such inspections o f the place or places o f em ­
ployment as they deem necessary, and shall report their diagnosis to the de­
partm ent. T h e insurer shall reimburse the departm ent fo r the fees and other
expenses of such referees, subject to the approval o f the industrial accident
board. The diagnosis shall be m ade by a m ajority vote o f the referees, and shall
be included in the decision of the single member and in the decision o f the re­
viewing board, and such diagnosis shall be binding on the parties. The review ing
board, if a claim fo r review is filed, m ay refer the m atter back to the industrial
disease referees for fu rth er diagnosis. The board o f registration in m edicine
from tim e to tim e m ay, and on request o f the industrial accident board shall,
revise the list o f physicians from which industrial disease referees m ay be
appointed, and shall n otify the departm ent in w riting o f such revision.

MINNESOTA
S T A T U T E S , 1927

Section 4327. Occupational diseases— H ow regarded— Compensation f o r — D e fi­
nitions of.— (1 ) T h e disablem ent o f an employe resulting from an occupational
disease described in subsection (9 ) o f this section, except where specifically
otherwise provided, shall be treated as the happening of an accident w ithin the
meaning of part 2 o f this act and the procedure and practice provided in such
part 2 shall apply to all proceedings under this section, except where specifically
otherwise provided herein. W henever used in this section, “disability” means*
the state o f being disabled from earning fu ll wages at the work at which the
employee w as last employed, and “disablem ent” means the act o f becoming so
disabled.
(2 ) I f an employee is disabled or dies and his disability or death is caused by
one of the diseases mentioned in subsection (9 ) o f this section, and the disease
is due to the nature of the corresponding employment as described in such sub­
section in which such employe w as engaged and was contracted therein, he or
his dependents shall be entitled to compensation for his death, or for the dura­
tion o f his disability according to the provisions of part 2 o f this act, except as
otherwise provided in this section : Provided , hoivever, T hat if it shall be deter­
mined that such employe is able to earn wages at another occupation which
shall be neither unhealthful nor injurious, and such wages do not equal his full
wages prior to the date o f his disablement, the compensation payable shall be
a percentage o f fu ll compensation proportionate to the reduction in his earning
capacity.
(3 ) N either the employe nor his dependents shall be entitled to compensa­
tion for disability or death resulting from disease unless the disease is due to
the nature o f his employment and contracted therein within the 12 months
previous to the date o f disablement, whether under one or more employers.




32

OCCUPATIONAL-DISEASE LEGISLATION IN

UNITED STATES, 1 9 3 6

(4 ) I f an employe, at the tim e o f his employment, w ilfu lly and fa lse ly
represents in w riting that he has not previously suffered from the disease which
is the cause o f disability or death, no compensation shall be payable.
(5 ) The total compensation due shall be recoverable from the employer who
last employed the em ploye in the em ploym ent to the nature o f which the
disease was due and in which it w as contracted. If, however, such disease w as
contracted w hile such em ploye w as in the em ploym ent o f a prior employer,
the employer who is m ade liable fo r the total compensation as provided by this
subsection, m ay appeal to the commission for an apportionment o f such com ­
pensation among the several employers who since the contraction of such disease
sh all have employed such employe in the em ploym ent to the nature o f which
the disease w as due.
Such apportionment shall be proportioned to the tim e
such employe w as em ployed in the service o f such employers, and sh all be
determined only after a hearing, notice o f the tim e and place o f which shall
have been given to every employer alleged to be liable for any portion o f such
compensation. I f the com m ission find th at any portion o f such compensation
is payable by an employer prior to the employer who is m ade liable to the total
compensation as provided by this subsection, it shall m ake an award accordingly
in favor o f the last employer, and such aw ard m ay be enforced in the same
m anner as an aw ard fo r compensation.
(6 ) T h e employer to whom notice o f death or disability is to be given, or
against whom claim is to be m ade by the employer shall be the em ployer who
la st employed the em ploye during the said 12 m onths in the em ploym ent to
the nature o f which the disease w as due and in which it w as contracted, and
such notice and claim shall be deemed seasonable as against prior em ployers.
(7 ) Th e em ploye or his dependents, if so requested, shall furnish the last
employer or the com m ission w ith such inform ation as to the nam es and ad­
dresses o f all his other em ployers during the said 12 m onths, as he or they m ay
p o ssess; and i f such inform ation is not furnished, or is not sufficient to enable
such last employer to take proceedings against a prior employer under sub­
section (5 ) o f this section, unless it be established that the disease actually
w as contracted w hile the em ploye w as in his em ployment, such last em ployer
shall not be liable to pay compensation, or, if such inform ation is not furnished
or is not sufficient to enable such last employer to take proceedings against
other em ployers under subsection (5 ) such la st employer shall be liable only
fo r such part o f the total compensation as under the particular circum stances
the com m ission m ay deem j u s t ; but a fa lse statem ent in the inform ation fu r ­
nished as aforesaid shall not im pair the em ploye’s rights unless the last
em ployer is prejudiced thereby.
(8 ) I f the employe, at or im m ediately before the date o f disablem ent, w as
em ployed in any process m entioned in the second column o f the schedule o f
diseases in subsection (9 ) o f th is section, and his disease is the disease in the
first column o f such schedule set opposite the description o f the process, the
disease presum ptively shall be deemed to have been due to the nature o f that
employment.
(9 ) F or the purposes o f th is act only the diseases enumerated in column 1,
follow ing, shall be deemed to be occupational d ise a se s:

C ol u m n 1

C o lu m n 2

DESCRIPTION OF D ISEASE

DESCRIPTION OF PROCESS

1. A n th ra x ________________________________

H andling of wool, hair, bristles, hides, or
skins.
A n y process involving the use of lead or
its preparations or com pounds.
A n y process involving the use of mer­
cury or its preparations or com pounds.
A n y process involving the use of phos­
phorous or its preparations or com ­
pounds.
A n y process involving the use of arsenic
or its preparations or com pounds.
A n y process involving the use of wood
alcohol or any preparation containing
wood alcohol.

2. Lead poisoning or its sequelae_______
3. M ercury poisoning or its sequelae.
4. Phosphorous
quelae.

poisoning

or its se­

5. Arsenic poisoning or its sequelae____
6. Poisoning by w ood alcohol__________




OCCUPATIONAL-DISEASE LEGISLATION IN

UNITED STATES, 1 9 3 6

Colum n 1

33

Column 2

DESCRIPTION OF DISEASES

description of process

7 . Poisoning b y nitro- and am id oderivatives of benzine (dinitrobenzol, anilin and o th ers), or
its sequelae.
8. Poisoning b y carbon bisulphide or
its sequelae.

A n y process involving the use of a nitroor am ido-derivative of benzine or its
preparations or com pounds.

9. Poisoning by nitrous fum es or its
sequelae.
10. Poisoning b y nickel carbonyl or its
sequelae.
11. D op e poisoning (poisoning b y tetrachlor-m ethane or any substance
used as or in conjunction w ith a
solvent for acetate of cellulose
or its sequelae.)
12. Poisoning b y goniom a kam assi
(African boxwood) or its sequelae.
13. Chrom e ulceration or its sequelae.

14. E pitheliom atous cancer or ulcera­
tion of th e skin or of the corneal
surface of the eye, due to tar,
pitch, bitum en, mineral oil, or
paraffin, or any com pound, prod­
uct, or residue of any of these
substances.
15. G landers_______________________________
16. Com pressed-air illness or its se­
quelae.
17. A n k ylostom iasis______________________
18. M iners' n ysta gm u s___________________
19. Subcutaneous cellulitis of the hand
(beat h and).
20. Subcutaneous cellulitis over the
patella (m iner’s beat knee).
21. A cute bursitis over the elbow (m in­
er’s beat elbow ).
22. Inflam m ation of the synovial lining
of the wrist join t and tendon
sheaths.
23. Cataract in glass workers___________

Anjr process involving the use of carbon
bisulphide or its preparations or
com pounds.
A n y process in which nitrous fum es are
evolved.
A n y process in which nickel carbonyl gas
is evolved.
A n y process involving the use of any
substance used as or in conjunction
with a solvent for acetate of cellulose.

A n y process in the m anufacture of
articles from goniom a kam assi (A fri­
can boxw ood).
A n y process involving
the use of
chromic acid or bichrom ate of am ­
m onium
potassium , or sodium , or
their preparations.
H andling or use of tar, pitch, bitum en,
mineral oil, or paraffin, or any com ­
pound, product, or residue of any of
these substances.

Care or handling of any equine anim al,
or the carcass of any such anim al.
A n y process carried on in compressed
air.
M ining.
M ining.
M in in g.
M in in g.
M in in g.
M in in g.

Processes in the m anufacture of glass
involving exposure to the glare of
m olten glass.

(10) N oth in g in this section shall affect the rights of an em ployee to recover
com pensation in respect to a disease to which this section does not apply if the
disease is an accidental personal injury within the m eaning of th e other provisions
of part 2 of this act.
(11) T h e provisions of this section shall n ot apply to disability or death result­
ing from a disease contracted prior to the date on which this act takes effect.

MISSOURI
R E V I S E D S T A T U T E S , 1929

Section 3305 (a s amended 1931, p. 3 8 2 ). D e fin itio n s .— * * ♦ The said
term s [ “ in ju ry” and “ personal injuries” ] shall in no case except as hereinafter
provided be construed to include occupational disease in any form * * * :
P rov id ed , T h a t nothing in this chapter contained shall be construed to de-




34

OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 1 9 3 6

prive employees o f their rights under the la w s o f this State pertaining to occu­
pational diseases, unless the em ployer shall file w ith the com m ission a w ritten
notice that he elects to bring him self w ith respect to occupational disease
w ithin the provisions o f this act and by keeping posted in a conspicuous place
on his prem ises a notice thereof to be furnished by the com m ission, and any
em ployee entering the services o f such em ployer and any employee rem aining
in such service 30 d a ys a fter the posting o f such notice sh all be conclusively
presumed to h ave elected to accept th is section unless he shall have filed
w ith the com m ission and his employer a w ritten notice that he elects to reject
this act. ♦ * *

N EBRASKA
C O M P IL E D S T A T U T E S , 1929

Section 4 8 -1 5 2 (a s amended 1935, ch. 5 7 ) . D e fin itio n s .— * * * (&) * * *
T h e term “ in ju ry ” and “ personal in ju ries” shall m ean only violence to the physi­
cal structure o f the body and such disease or infection as n aturally results there­
from . T h e said term s shall in no case be construed to include occupational
disease in any fo rm except occupational diseases which arise out o f and during
the course o f em ploym ent and are peculiar to the sm elting or m etal refining
industries and which are contracted by workm en employed in said industries,
and disability commencing during the period o f em ploym ent or disability com ­
m encing w ithin tw o years subsequent to the term ination o f said em ploym ent,
and shall not be construed to include any contagious or infectious disease con­
tracted during the course o f em ploym ent, or death due to natural causes, but
occurring w hile the w orkm an is a t work. * * *

NEW JERSEY
C U M U L A T IV E S U P P L E M E N T T O C O M P IL E D S T A T U T E S (1 9 1 1 -2 4 )

Section **236—26. C o m p e n s a tio n f o r d ea th o r i n j u r y .— 22 ( a ) . W h e n em ployer
and employee have accepted the provisions o f section I I as aforesaid, compensa­
tion for personal injuries to or fo r death o f such employee by any o f the com­
pensable occupational diseases hereinafter defined arising out o f and in the
course o f his em ployment sh all be m ade by the employer to the extent herein­
a fter set forth and w ithout regard to the negligence o f the employer.
Seo. **23 6-28 . A m o u n t o f c o m p e n s a tio n .— 22 ( c ) . T he com pensation pay­
able for death or disability total in character and perm anent in quality result­
ing from an occupational disease shall be the same in amount and duration
and shall be payable in the sam e manner and to the sam e persons a s would
have been entitled thereto had the death or disability been caused by an
accident arising out o f and in the course of the employment.
( A ) In determining the duration of temporary a n d /o r permanent partial dis­
ability, and the duration o f paym ent fo r the disability due to occupational
diseases, the same rules and regulations as are now applicable to accident or
injury occurring under section I I of the act to which this act is an amendment
or supplement shall apply.
S ec . **2 3 6-29 . E m p l o y e r sh a ll h a v e k n o w le d g e o f c o n tr a c te d d is e a s e .— 22 ( d ) .
U nless the em ployer during the continuance o f the em ploym ent shall have
actual knowledge th at the employee has contracted a compensable occupational
disease, or unless the employee or some one on his behalf, or some o f his
dependents, or some one on their behalf, shall give the employer written notice
or claim that the employee has contracted one o f said compensable occupational
diseases, which notice to be effective m ust be given within a period o f 5 months
a fter the date when said employee shall have ceased to be subject to exposure
to such occupational disease, no compensation shall be payable on account of
the death or disability by occupational disease o f such employee.
S ec . **2 3 6 -3 0 . B a r r in g c la im s .— 22 ( e ) . A ll claim s fo r compensation fo r com­
pensable occupational disease shall be forever barred unless a petition is filed
in duplicate w ith the secretary o f the workmen’s compensation bureau, at the
State H ouse in Trenton, w ithin 1 year after date on which the employee ceased
to be exposed in the course o f employment w ith the employer to such occupa­
tional disease as hereinabove defined, or in case an agreement o f compensation
fo r compensable occupational disease has been m ade between such em ployer




O CCU PAT IO N AL-D ISEA SE LE G ISL A T IO N

IN

U N IT E D

STA TE S,

1936

35

and such claim ant, then w ithout [w ith in ] 1 year a fter the failu re o f the em­
ployer to m ake paym ent pursuant to the term s o f such agreem e n t; or in case a
part o f the compensation has been paid by such employer, then w ithin 1 year
a fter the last paym ent o f compensation.
S ec. **23 6-31 . P r o v is io n s a p p lica b le to o cc u p a tio n a l d is e a s e .— 22 ( f ) . A ll pro­
visions o f section I I and section I I I applicable to claim s fo r injury or death
by accident shall apply to in ju ry or death by compensable occupational disease,
except to the extent th at they are inconsistent w ith the provisions contained in
paragraphs 22 ( a ) to 22 ( f ) , both inclusive.
T h e provisions in paragraphs
22 ( a) to 22 ( f ) , both inclusive, shall not apply to any claim fo r compensation
for injury resulting from accident.
S U P P L E M E N T (1 9 2 5 -3 0 ) T O C O M P IL E D S T A T U T E S

Sec. * * * 2 3 6 -2 7 (a s amended 1931, ch. 3 3 ) .
D e p i c t i o n s .— 22 ( b ) .
W h e n applicable in this act to occupational diseases the follow ing words and
phrases shall be construed to have the follow ing m ea n in g s:
A . Compensable occupational diseases shall not include any other than those
scheduled below and shall include those so scheduled only when the exposure
stated in connection therew ith has occurred during the em ploym ent and the
disability has commenced within 5 months after the termination o f such
exposure.
Occupational d iseases: A n th r a x ; lead poisoning; mercury poisoning; arsenic
poisoning; phosphorus poisoning; benzene, and its homologues, and a ll deriva­
tives th e re o f; wood-alcohol poison in g; chrome poisoning; caisson d ise ase;
mesothorium or radium poisoning.
B . W illfu l self-exposure to occupational diseases shall include (1 ) failure or
omission to observe such rules and regulations as m ay be promulgated by said
D epartm ent o f Labor and posted in the plant by the employer, tending to the
prevention o f occupational diseases, and (2 ) failure or omission to truthfully
state to the best o f the employee’s knowledge, in answ er to inquiry m ade by the
employer, the location, duration, and nature o f previous em ploym ent o f the
employee in which he w as exposed to any occupational disease a s herein listed.

NEW Y O R K
C A H I L L ’ S C O N S O L ID A T E D L A W S , 1930

C hapter 66
S e c t i o n 3 . C o v e r a g e .— *
* *
2.
O ccu p a tio n a l d is e a s e s .— Compensation shall be payable fo r disabilities
sustained or death incurred by an employee resulting fro m the follow ing
occupational d ise ases:

C olum n 1
DESCRIPTION

OF D ISEASES

1. A n th ra x ________________________________
2. Lead poisoning or its sequelae_______

3. Zinc poisoning or its sequelae________

4. M ercury poisoning or its sequelae___

5. Phosphorus poisoning or its sequelae.

6. Arsenic poisoning or its sequelae____




C olum n 2
DESCRIPTION OF PROCESS

H andling of wool, hair, bristles, hides or
skins.
A n y process involving the use of or di­
rect contact with lead or its prepara­
tions or com pounds.
A n y process involving the use of or di­
rect contact with zinc or its prepara­
tions or com pounds or alloys.
A n y process involving the use of or di­
rect contact with mercury or its prepa­
rations or com pounds.
A n y process involving the use of or di­
rect contact with phosphorus or its
preparations or com pounds.
A n y process involving the use of or di­
rect contact with arsenic or its prepa­
rations or com pounds.

36

O CCU PAT IO N AL-D ISEA SE LE G ISL A T IO N

C o lum n 1
DESCRIPTION OF DISEASES

7. Poisoning by wood a lcoh ol..
8. Poisoning by benzol or nitro-,hydro-,
hydroxy-, and amido- derivatives
of benzene (dinitro-benzol, anilin, and others), or its sequelae.
9. Poisoning by carbon bisulphide or
its sequelae, or any sulphide.
10. Poisoning by nitrous fumes or its
sequelae.
11. Poisoning by nickel carbonyl or its
sequelae.
12. Dope poisoning (poisoning by tetrachlor-methane or any substance
used as or in conjunction with a
solvent for acetate of cellulose or
nitro cellulose), or its sequelae.
13. Poisoning by formaldehyde and
its preparations.
14. Chrome ulceration or its sequelae
or chrome poisoning.
15. Epitheliomatous cancer or ulcera­
tion of the skin or of the corneal
surface of the eye, due to tar,
pitch, bitumen, mineral oil or
paraffin, or any compound, prod­
uct or residue of any of these
substances.
16. Glanders_____________________________
17. Compressed air illness or its se­
quelae.
18. Miners, diseases, including only
cellulitis,
bursitis,
ankylosto­
miasis, tenosynovitis and nystag­
mus.
19. Cataract in glass workers___________
20. Radium poisoning or disability due
to radio-active properties of sub­
stances or to Roentgen rays (X rays).
21. Methyl chloride poisoning__________
22. Carbon monoxide poisoning.
23. Poisoning by sulphuric, hydro­
chloric or hydro-fluoric acid.




IN

U N IT E D

STA TES,

1936

Column 2
DESCRIPTION OF PROCESS

Any process involving the use of wood
alcohol or any preparation containing
wood alcohol.
Any process involving the use of or di­
rect contact with benzol or nitro-,
hydro-, hydroxy-, or amido- derivatives
of benzene or its preparations or com­
pounds.
Any process involving the use of or di­
rect contact with carbon bisulphide or
its preparations or compounds, or any
sulphide.
Any process in which nitrous fumes are
evolved.
Any process in which nickel carbonyl is
evolved.
Any process involving the use of or di­
rect contact with any substance used
as or in conjunction with a solvent for
acetate of cellulose or nitro cellulose.
Any process involving the use of or di­
rect contact with formaldehyde and
its preparations.
Any process involving the use of or di­
rect contact with chromic acid or bi­
chromate of ammonium, potassium,
or sodium or their preparations.
Handling or use of tar, pitch, bitumen,
mineral oil, or paraffin or any com­
pound, product or residue of any of
these substances.

Care or handling of any equine animal
or the carcass of any such animal.
Any process carried on in compressed
air.
Any process involving mining.

Processes in the manufacture of glass
involving exposure to the glare of
molten glass.
Any process involving the use of or
direct contact with radium or radio­
active substance or the use of or
direct exposure to Roentgen rays
(X-rays).
Any process involving the use of or
direct contact with methyl chloride
or its preparations or compounds.
Any process involving direct exposure
to carbon monoxide in buildings,
sheds or enclosed places.
Any process involving the use of or
direct contact with sulphuric, hydro­
chloric or hydrofluoric acids or their
fumes.

OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 19 3 6
C olu m n 1
DESCRIPTION OF DISEASES

24. Respiratory,
gastrointestinal
or
physiological nerve and eye dis­
orders due to contact with petro­
leum products and their fum es.
25. D isability arising from blisters or
abrasions.

37

C olu m n 2
DESCRIPTION OF PROCESS

A n y process involving the use o f or
direct contact with petroleum or
petroleum products and their fumes.

A n y process involving continuous fric­
tion, rubbing or vibration causing
blisters or abrasions.
26. D isability arising from bursitis or A n y process involving continuous rub­
synovitis.
bing, pressure or vibration of the
parts affected.
27. D erm atitis (ven en ata)_______________ A n y process involving the use of or
direct contact with acids, alkalies,
acids or oil, or w ith brick, cem ent, lime,
concrete, or m ortar capable of causing
derm atitis (venenata). (A s amended
1934, ch. 743.)
28. A n y and all occupational d is e a s e s -. A n y and all em ploym ents enumerated in
subdivision one of section three of this
chapter. (A dded b y acts of 1935, ch.
254.)
N othing in paragraph 28 o f th is subdivision shall be construed to apply to
any case o f occupational disease in which the last injurious exposure to the
hazards o f the disease occurred prior to September 1, 1 9 3 5 ; nor to any dis­
ability or death due to any disease described in article 4a o f this chapter.
(A m ended 1935, ch. 2 5 4 ; 1936, ch. 887.)
Sec. 38. Disablement treated as accident.— T he disablem ent o f an em ployee
resulting from an occupational disease described in subdivision 2 o f section 3
shall be treated as the happening o f an accident w ithin the m eaning o f this
chapter and the procedure and practice provided in this chapter shall apply to
all proceedings under th is article, except where specifically otherwise provided
herein.
Sec. 39. Right to compensation.— I f an employee is disabled or dies and his
disability or death is caused by one o f the diseases mentioned in subdivision 2 o f
section 3, and the disease is due to the nature o f the corresponding em ployment
as described in such subdivision in which such employee w as engaged and w as
contracted therein, he or his dependents shall be entitled to compensation fo r his
death or fo r the duration o f his disablem ent in accordance w ith the provisions o f
article two, except as hereinafter s ta te d : Provided , however , T h a t if it shall be
determined that such employee is able to earn wages a t another occupation which
shall be neither unhealthful nor injurious, and such wages do not equal his fu ll
w ages prior to the date o f his disablem ent, the compensation payable shall be
a percentage o f the fu ll compensation proportionate to the reduction in his earn­
ing capacity.
Seo. 40 (a s amended 1931, ch. 3 4 4 ). Time limit.— N either the employee nor
his dependents shall be entitled to compensation for disability or death resulting
from disease unless the disease is due to the nature o f his em ploym ent and con­
tracted therein, or in a continuous em ployment sim ilar to the one in which he w as
engaged at the tim e o f his disablement, w ithin the 12 months previous to the date
of disablement, whether under one or more employers. T he tim e lim it fo r con­
traction o f the disease prescribed by this section shall not bar compensation in
the case o f an employee who contracted the disease in the same employment w ith
the same employer by whom he w as employed at the tim e o f his disablem ent and
who had continued in the same em ployment w ith the same employer fro m the
tim e o f contracting the disease up to the tim e o f his disablem ent thereby.
Sec. 41. Examining physician.— T h e industrial com m issioner shall appoint one
or more physicians whose duty it shall be to exam ine any claim ant under this
article and to m ake a report in such fo rm as the com m issioner m ay require.
Sec. 42. Date of disablement.— For the purposes o f this article the date o f dis­
ablement; shall be such date as the board m ay determ ine on the hearing on the
claim .




38

OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 1 9 3 6

Sec. 43. False representation.— I f an employee, a t the tim e o f his em ploy­
ment, w illfu lly and fa lse ly represents in w riting that he h as not pre­
viously suffered from the disease which is the cause o f disability or death, no
compensation shall be payable.
Sec. 44. Liability of employer.— The total compensation due shall be recov­
erable from the employer who last employed the employee in the em ploym ent to
the nature o f which the disease w as due and in which it w as contracted. If,
however, such disease w as contracted while such employee w as in the em ploy­
ment o f a prior employer, the employer who is m ade liable fo r the total com ­
pensation as provided by this section, m ay appeal to the board for an apportion­
m ent o f such compensation among the several employers who since the contrac­
tion o f such disease shall have employed such employee in the em ploym ent to
the nature of which the disease w as due. Such apportionment shall be propor­
tioned to the tim e such employee w as employed in the service o f such employ­
ers, and shall be determined only after a hearing, notice o f the tim e and place
of which shall have been given to every employer alleged to be liable for any
portion o f such compensation.
I f the board find th at any portion o f such
compensation is payable by an employer prior to the employer who is m ade
liable to the total compensation as provided by this section, it shall m ake an
award accordingly in favor o f the last employer, and such aw ard m ay be
enforced in the sam e manner as an award fo r compensation.
Seo. 45. Notice to employers.— T h e employer to whom notice o f death or dis­
ability is to be given, or against whom claim is to be m ade by the employee,
sh all be the employer who last employed the employee during the said 12 m onths
in the employment to the nature o f which the disease w as due and such notice
and claim shall be deemed seasonable as against prior employers. T h e require­
m ents as to notice as to occupational disease and death resulting therefrom
shall be the sam e as required in section 18 o f this chapter, except that the
notice shall be given to the commissioner and the employer within 90 days after
the disablement.
Sec. 46. Furnishing of information; penalty.— T he employee or his depend­
ents, i f so requested, shall furnish the la st em ployer or the board w ith such
inform ation as to the nam es and addresses o f a ll his other em ployers during the
said 12 m onths, as he or they m ay p o sse ss; and if such inform ation is not fu r ­
nished, or is not sufficient to enable such la st em ployer to take proceedings
again st a prior em ployer under section 44, unless it be established that the dis­
ease actually w as contracted w hile the employee w as in his em ploym ent, such
la st em ployer shall not be liable to pay compensation, or, if such inform ation is
not furnished or is not sufficient to enable such la st employer to take proceed­
ings against other employers under section 44, such la st employer shall be liable
only fo r such part o f the total compensation as under the particular circum ­
stances the board m ay deem j u s t ; but a fa lse statem ent in the inform ation fu r ­
nished as aforesaid shall not im pair the w orkm an’s rights unless the last
employer is prejudiced thereby.
Sec. 47. Presumption as to disease.— I f the employee, a t or im m ediately
before the date o f disablement, w as employed in any process m entioned
in the second column o f the schedule o f diseases in subdivision 2 o f section 3,
and his disease is the disease in the first column o f such schedule set opposite
the description o f the process, the disease presum ptively shall be deemed to have
been due to the nature of that employment.
Sec. 48. Employee’s rights , exclusiveness.— N othing in this article shall affect
the rights o f an employee to recover compensation in respect to a disease to
which this article does not apply i f the disease is an accidental personal in ju ry
w ithin the meaning o f subdivision 7 o f section 2 o f this chapter.
ARTICLE 4A

Sec. 65 (a s added 1936, ch. 8 8 7 ). Prevention of dust diseases.— 1 . I t is
hereby declared to be the policy o f the legislature o f this State, in enacting
this article, to prohibit through every la w fu l m eans available, any requirement
as a prerequisite to em ploym ent which compels an applicant fo r em ploym ent
in any occupation coming w ithin the purview o f this article to undergo a
medical exam ination.
2.
T h e industrial com m issioner and the industrial board are hereby required
to add to the industrial code, as provided in sections 28 and 29 o f the labor
law, effective rules and regulations governing the installation, maintenance and




OCCU PATION AL-D ISEA SE L E G ISL ATIO N

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39

effective operation in all industries and operations wherein silica dust or other
harm ful dust hazard is present, o f approved devices designed to elim inate such
h arm fu l dusts and to prom ulgate such other regulations a s w ill effectively
control the incidence o f silicosis and sim ilar diseases.
Seo. 66 (a s added 1936, ch. 8 8 7 ). C o m p e n s a tio n p a y a b le f o r d is a b ility o r
d ea th . — Compensation shall not be payable fo r partial disability due to sili­
cosis or other dust disease. In the event o f tem porary or perm anent total
disability or death from silicosis or other dust disease, notw ithstanding any
other provision o f this chapter, compensation shall be payable under this article
to employees in the em ploym ents enum erated in section 3 o f this chapter or to
their dependents in the follow in g m anner and a m o u n ts: I f disablem ent or
death occur during the first calendar month in which this act becomes effective
not exceeding the sum o f $ 5 0 0 ; if disablem ent or death occur during the second
calendar month a fter which this act becomes effective not exceeding the sum o f
$ 5 5 0 ; thereafter the total of compensation and benefits payable fo r disability and
death shall increase at the rate o f $50 each calendar month. T he aggregate
amount payable shall be determined by the total am ount payable in the month
in which disablem ent or death occurs. In no event shall such compensation
exceed an aggregate total o f $3,000. T h e requirement as to paym ents into the
special funds provided fo r in subdivisions 8 and 9 o f section 15 for each case
o f in ju ry causing death in which there are no persons entitled to compensation
shall not apply to any claim arising under this article.
Compensation payable hereunder shall be paid from the eighth day follow ing
total disablem ent a t the rate o f 6 6 % per centum o f the average w eekly w age to
be computed under section 14 o f this c h a p te r; but in no case shall compensation
exceed $25 per week nor in the event of total disability be less than $8 per
w eek ; provided, however, that in the event o f death from such disease his
dependents shall receive, in the manner provided by sections 16 and 17 o f this
chapter, any balance rem aining between the am ounts paid fo r disability and
the total compensation payable under this article.
N otw ithstanding the provisions o f section 28 of this chapter, all claim s for
compensation resulting from inhalation o f h arm fu l dust, where the last exposure
occurred between the effective date o f this act and September 1, 1935, shall be
barred unless filed w ithin 180 days from the day on which this act takes effect.
Sec. 67 (a s added 1936, ch. 8 8 7 ). L ia b i li t y o f e m p lo y e r . — A n employer shall
be liable fo r the paym ents prescribed by th is article fo r silicosis or other dust
disease when disability o f an employee resulting in loss o f earnings shall be
due to an employment in a hazardous occupation in which he w as employed, and
such disability results within one year a fter the last injurious exposure in such
em p loym en t; or, in case o f death resulting from such exposure, if such death
occurs within 5 years follow ing continuous disability from such disease. The
provisions o f section 44 o f this chapter shall not apply to claim s arising under
this article.
The employer in whose employment the employee w as last injuriously e x ­
posed in a hazardous occupation and the insurance carrier, if any, which was
on the risk at the time o f the last injurious exposure in such employment, shall
be liable for any paym ents required by this a rticle; the notice o f injury and
claim shall be m ade to such employer.
Seo. 68 (a s added 1936, ch. 8 8 7 ). M e d ic a l t r e a tm e n t a nd ca re. — N otw ithstand­
ing any other provisions o f this chapter the m edical treatm ent herein provided
for shall be lim ited in the case o f an employee disabled by an occupational
disease due to or resulting fro m the inhalation o f h arm fu l dust to a period o f
90 days from the date o f such disablement, but the requirement fo r such m edi­
cal treatm ent m ay be extended fo r an additional period not to exceed 90 days
upon the order o f the industrial board.
Sec. 69 (a s added 1936, ch. 8 8 7 ). E m p lo y e e s^ w h e n n o t e n title d to c om p en sa r
tion . — I f an employee, at the tim e o f his employment, fa lse ly represents in w rit­
ing th at he h as not previously been disabled fro m the disease which is the
cause o f disability or death or has not received com pensation or benefits under
this article, no compensation shall be payable.
Sec. 70 (a s added 1936, ch. 8 8 7 ). S p e c ia l m ed ic a l e x a m in e r s . — T he industrial
commissioner shall divide the State into 5 districts and in each district m ay
appoint 2 or m ore special m edical exam iners who shall be licensed physicians
in good professional standing, each of whom shall have had, at the tim e of his
appointment, and im m ediately prior thereto, at least 5 years o f practice in the
^diagnosis, care and treatm ent o f pulm onary diseases. Such exam iners shall




40

OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 1930

be employed on a per diem basis as the exigencies o f the w ork m ay require.
F ees o f exam iners shall be fixed by the industrial commissioner w ithin the
lim its o f the appropriation therefor. Each position o f special m edical exam iner
provided herein shall be in the exem pt class o f civil service.
W henever a claim is made under this article and an exam ination o f the
claim ant by an im partial physician is desired by any party in interest, the
industrial commissioner shall order such medical exam iners to m ake the neces­
sary medical and X -r a y exam ination o f the claim ant in an effort to obtain the
medical facts in an im partial manner.
F or the purposes o f adjudication under this chapter, the industrial board shall
adopt rules o f practice and procedure and shall prescribe methods and standards
under which physical exam inations, X -r a y s and other studies shall be conducted.
S e o . 71 (as added 1936, ch. 8 8 7 ). Appointment of consultants.— The industrial
commissioner shall appoint as expert consultants on dust diseases 3 licensed
physicians in good professional standing, each o f whom shall have had, at the
tim e o f his appointment, and im m ediately prior thereto, at least 10 years o f
practice in the diagnosis, care and treatm ent o f diseases o f the pulmonary
tract, along w ith the interpretation of X -r a y films thereof. They shall be paid
at a salary to be fixed by the industrial commissioner not to exceed $7,500 per
year. Each such position o f consultant shall be in the exem pt class of civil
service.
T h e industrial commissioner or the industrial board shall on their own
volition or on the application o f either an employee, an employer, or an insur­
ance carrier, direct such expert consultants to make exam inations o f claim ants,
to review the findings o f special medical examiners, to read and review the files
o f compensation cases when necessary, and to inform the industrial com m is­
sioner and the industrial board o f their opinion as to their findings in such cases.
S e o . 72 (a s added 1930, ch. 8 8 7 ). Alternative remedy.— The liability o f an
employer prescribed by this article shall be exclusive and in place o f any other
liability whatsoever, at common law or otherwise, to such employee, his personal
representatives, husband, parents, dependents or next o f kin, or anyone otherwise
entitled to recover damages, at common law, or otherwise, on account o f any
injury, disability, or death, caused by the inhalation of harm ful dust, except
that if an employer fa il to secure the payment o f compensation fo r his injured
employees and their dependents as provided in section 50 o f this chapter, an
injured employee, or his legal representative in case death results from the
in ju ry or disease, m ay, at his option, elect to claim compensation under this
chapter, or to m aintain an action in the courts for dam ages on account o f such
in ju ry or d is e a s e ; and in such an action it shall not be necessary to plead or
prove freedom from contributory negligence nor m ay the defendant plead as a
defense that the injury or disease was caused by the negligence of a fellow
servant or that the employee assumed the risk o f his employment, nor that
the injury or disease w as due to the contributory negligence o f the employee.

NORTH CAROLINA
M I C H I E ’ S C O D E , 1935
S e c t io n 8081 ( 1 ) . Occupational diseases compensable.— D isablem ent or death
o f an employee resulting from an occupational disease described in section
8081 (2 ) shall be treated as the happening o f an injury by accident w ithin the
meaning o f the N orth Carolina W ork m en 's Compensation A ct and the procedure
and practice and compensation and other benefits provided by said A c t shall
apply in a ll such cases except as hereinafter otherw ise provided. T h e word
“ acciden t," as used in the W o rk m en ’s Compensation A ct, shall not be construed
to m ean a series o f events in em ployment, o f a sim ilar or like nature, occurring
regularly, continuously or at frequent intervals in the course o f such em ploy­
m ent, over extended periods o f tim e, whether such events m ay or m ay not be
attributable to fa u lt o f the employer, and disease attributable to such causes,
shall be compensable only i f culm inating in an occupational disease m entioned
in and compensable under th is article. Provided , however , No compensation
sh all be payable for asbestosis a n d /o r silicosis as hereinafter defined if the
employee, at the tim e o f entering into the em ploym ent o f the employer by whom
compensation would otherwise be payable, fa lsely represented him self in w riting
as not having previously been disabled or laid off because o f asbestosis or
silicosis.




OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 1936

41

S e o . 8081 ( 2 ) . E n u m e r a tio n o f d is e a s e s . — The follow ing diseases and condi­
tions only shall be deemed to be occupational diseases w ithin the m eaning o f
this a rticle:

1.
2.
3.
4.
5.
6.

7.
8.
9.
10.
11.
12.
13.

14.

15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.

A n th rax.
Arsenic poisoning.
B rass poisoning.
Zinc poisoning.
Manganese poisoning.
Lead poisoning. Provided, T h e employee shall have been exposed to the
hazard o f lead poisoning fo r at least thirty days in the preceding
tw elve m onths’ p eriod : And provided further, Only the employer in
whose em ploym ent such employee w as last injuriously exposed shall
be liable.
M ercury poisoning.
Phosphorus poisoning.
Poisoning by carbon bisulphide, m ethanol, naphtha, or volatile halogenated hydrocarbons.
Chrome ulceration.
Compressed-air illness.
Poisoning by benzol, or by nitro and amido derivatives o f benzol
( dinitrol-benzol, anilin, and o th ers).
In fection or inflam m ation o f the skin or eyes or other external contact
surfaces or oral or n asal cavities due to irritating oils, cutting com ­
pounds, chem ical dust, liquids, fum es, gases or vapors.
E pitheliom atous cancer or ulceration o f the skin or o f the corneal sur­
face o f the eye due to tar, pitch, bitumen, m ineral oil, or paraffin, or
any compound, product, or residue o f any o f these substances.
R adium poisoning or in ju ry by X -ra y s .
B listers due to use o f tools or appliances in the employment.
Bursitis, o f the knee or elbow, due to interm ittent pressure in the em­
ployment.
M iner’s nystagm us.
Bone felon due to constant or interm ittent pressure in employment.
Synovitis, caused by traum a in employment.
Tenosynovitis, caused by traum a in employment.
Carbon m onoxide poisoning.
Poisoning by sulphuric, hydrochloric or hydrofluoric acid.
Asbestosis.
Silicosis.

Occupational diseases caused by chemicals shall be deemed to be due to
exposure o f an employee to the chem icals herein mentioned only when as a
part o f the em ploym ent such employee is exposed to such chem icals in such
form and quantity, and used w ith such frequency as to cause the occupational
disease mentioned in connection w ith such chem icals.
S ec . 8081 ( 3 ) . Disablement defined.— T h e term “ disablem ent” as used in this
article as applied to cases o f asbestosis and silicosis m eans the event o f be­
com ing actually incapacitated, because o f such occupational disease, from
perform ing norm al labor in the la st occupation in which rem uneratively em­
ployed ; but in all other cases o f occupational disease shall be equivalent to
“ d isability” as defined in section 8081 ( i ) , paragraph ( i ) .
S eo. 8081 ( 4 ) . Disability defined.— The term “ disability” as used in this
article m eans the state o f being incapacitated as the term is used in defining
“ disablem ent” in section 8081 ( 3 ) .
S ec . 8081 ( 5 ) . Limitations.— T h e provisions o f this article shall apply only
to cases o f occupational disease in which the la st exposure in an occupation
subject to the hazards o f such disease occurred on or a fter the date on which
this article shall have taken effect.
S ec . 8081 ( 6 ) . Persons liable.— In any case where compensation is payable
fo r an occupational disease, the employer in whose em ploym ent the employee
w as last in ju riou sly exposed to the hazards o f such disease, and the insur­
ance carrier, i f any, which w as on the risk when the employee w as so la st
exposed under such employer, shall be liable.
S ec . 8081 ( 7) . Restrictions.— A n employer shall not be liable fo r any com ­
pensation fo r asbestosis, silicosis or lead poisoning unless disablement o r
death results w ithin three years after the last exposure to such disease, or, in




42

OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 1936

case of death, unless death follow s continuous disability from such disease,
commencing w ithin the period o f three years lim ited herein, and for which
compensation has been paid or awarded or tim ely claim m ade as hereinafter
provided and results w ithin seven years a fter such last exposure. Claim s for
all other occupational diseases shall be barred unless claim s shall be filed
with the Industrial Com m ission w ithin one year fro m the disablem ent or
death caused by such occupational disease.
S e c . 8081 ( 8 ) . Treatment.— In the event of disability from an occupational
disease, the employer shall provide reasonable m edical a n d /o r other treatm ent
for such tim e as in the judgm ent o f the Industrial Commission w ill tend to
lessen the period o f disability or provide needed r e lie f: Provided , however ,
M edical a n d /o r other treatm ent for asbestosis a n d /o r silicosis shall not exceed
a period of three years nor cost in excess of $334.00 in any one y e a r : And ,
provided further, all such treatm ent shall be first authorized by the Industrial
Commission a fter consulting with the Advisory Medical Committee.
S e c . 8081 ( 9 ) . Compulsory examination of employees.— T he com pulsory exam ­
ination of employees and prospective employees as herein provided applies only
to persons engaged or about to engage in an occupation which h as been found
by the Industrial Commission to expose them to the hazards o f asbestosis
a n d /o r silicosis. The Industrial Com m ission shall designate by order each
industry found subject to any such hazard and shall notify the em ployers
therein before such exam inations are required.
On and a fter the date on
which this article becomes operative it shall be the duty o f every em ployer,
in the conduct o f whose business his employees or any of them are subjected to
the hazards o f asbestosis a n d /o r silicosis, to provide prior to em ploym ent
necessary exam inations o f all new employees for the purpose of ascertaining
if any o f them are in any degree affected by asbestosis a n d /o r silicosis or
peculiarly susceptible th e re to ; and every such employer shall from tim e to
time, as ordered by the In du strial Commission, provide sim ilar exam inations
for all of his employees whose employment exposes them to the hazards o f
asbestosis a n d /o r silicosis. A t least one member o f the Advisory M edical Com ­
m ittee or other physician designated by the Industrial Commission shall m ake
such exam inations or be present when any such exam ination is made. The
refusal o f an employee to submit to any such exam ination shall bar such
employee from compensation or other benefits provided by this article in the
event o f disablement a n d /o r death resulting from exposure to the hazards o f
asbestosis a n d /o r silicosis subsequent to such refusal. I t shall be the duty o f
the Industrial Commission to m ake a n d /o r order inspections o f em ploym ents
and to keep a record o f all employments subjecting employees to the hazards
o f asbestosis a n d /o r silicosis, and to n otify the employer in any case where
such hazard shall have been found to exist. T he unreasonable failure o f an
employer to provide fo r any exam ination or his unreasonable refusal to perm it
any inspection herein authorized shall constitute a m isdemeanor and shall be
punishable as such.
S eo. 8081 ( 1 0 ) . Compensation for employees temporarily removed from haz­
ardous employment.— W h e re an employee, though not actually disabled, is found
by the Industrial Com m ission to be affected by asbestosis a n d /o r silicosis, and
it is also found by the Industrial Commission that such employee would be
benefited by being taken out o f his employment and that such disease with such
employee has progressed to such a degree as to m ake it hazardous for him to
continue in his employment and is in consequence removed therefrom by order
of the Industrial Commission, he shall be paid compensation as for temporary
total or partial disability, as the case m ay be, until he can obtain em ploym ent
in some other occupation in which there are no hazards o f such occupational
disease: Provided , however, Compensation in no such case shall be paid for a
longer period than tw enty weeks to an employee w ithout dependents, nor fo r a
longer period than forty weeks to an employee with dependents, and in either
case said period shall begin from the date o f rem oval from the employment,
unless actual disablement from such disease results later and w ithin the tim e
lim ited in section 8081 ( 7 ) . W h en in any such case the forced change o f
occupation shall in the opinion o f the Industrial Commission require th at the
employee be given special training in order to properly readjust him self there
shall be paid fo r such training and incidental traveling and living expenses an
additional sum which shall not exceed $300.00 in the case o f an employee w ith­
out dependents, and which shall not exceed $500.00 in the case o f an employee
w ith dependents, such paym ent to be made for the benefit o f the employee to
such person or persons as the Industrial Commission m ay d ire c t: P r o v id e d ,




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43

h o w e v e r , N o such paym ent shall be made unless the employee accepts the spe­

cial training herein provided, nor shall paym ent be m ade for a longer period
o f time than the employee shall accept such special training. I f an employee
has been so compensated, and whether or not specially trained for another occu­
pation, and he thereafter engages in any occupation which exposes him to haz­
ards o f silicosis a n d /o r asbestosis without first having obtained the written
approval o f the Industrial Commission, neither he, his dependents, personal rep­
resentative nor any other person shall be entitled to any compensation for dis­
ablement or death from silicosis a n d /o r asbesto sis: P r o v id e d , h o w e v e r , T hat an
employee so affected, as an alternative to forced change of occupation, may, sub­
ject to the approval of the Industrial Commission, waive in writing his right to
compensation for any aggravation o f his condition that m ay result from his con­
tinuing in his hazardous occupation; but in the event o f total disablement a n d /o r
death as a result o f asbestosis a n d /o r silicosis w ith which the employee was
so affected compensation shall nevertheless be payable, but in no case, whether
for disability or death or both, for a longer period than 100 weeks. Such w rit­
ten waiver m ust be filed w ith the Industrial Commission, and the Commissior
shall keep a record o f each waiver, which record shall be open to the inspectioL
o f any interested person.
S e c . 8081 ( 1 1 ) . “ S ilic o s is ” and “ a s b e s to s is ” d efin ed .— T he word “ silicosis”
shall mean the characteristic fibrotic condition o f the lungs caused by the inhala
tion o f dust o f silica or silicates.
“ Asbestosis” shall mean a characteristic
fibrotic condition o f the lungs caused by the inhalation o f asbestos dust.
S e c . 8081 ( 1 2 ) . P e r io d n e c e s s a r y f o r e m p l o y e e to he e x p o s e d .— Compensation
shall not be payable for disability or death due to silicosis a n d /o r asbestosis
unless the employee shall have been exposed to the inhalation o f dust o f silica
or silicates or asbestos dust in employment for a period of not less than two
years in this State, provided no part of such period o f tw o years shall have been
more than ten years prior to the last exposure.
S ec . 8081 (1 3 ). W o r k m e n 's c o m p e n sa tio n to c o n tr o l a s to p a y m e n t o f ben e­
fits .— Except as herein otherwise provided, in case o f disablement or death fron?
silicosis a n d /o r asbestosis, compensation shall be payable in accordance with the
provisions o f the North Carolina W orkm en ’s Compensation Act.
S e c . 8081 ( 1 4 ) . R e d u c tio n o f p a y m e n ts w h e r e tu b e rc u lo s is d e v e lo p s .— In case
o f disablement or death due prim arily from silicosis a n d /o r asbestosis and com­
plicated with tuberculosis o f the lungs compensation shall be payable as herein­
before provided, except that the rate of paym ents m ay be reduced one-sixth.
S e c . 8081 ( 1 5 ) . N o t i c e r e q u ir e d .— U nless w ritten notice o f the first distinct
m anifestation o f an occupational disease shall be given to the employer in whose
employment the employee w as last injuriously exposed to the hazards o f such
disease or to the In du strial Commission w ithin 30 days after such m an ifesta­
tion, and, in case o f death, unless also w ritten notice o f such death shall be
given by the beneficiary hereunder to the employer or the Industrial Com m is­
sion w ithin 90 days after occurrence, and unless claim fo r disability a n d /o r
death shall be m ade w ithin 1 year after the disablem ent or death, respectively,
all rights to compensation fo r disability or death from an occupational dis­
ease shall be forever b a r r e d : P r o v id e d , however, T h a t notice a n d /o r claim shall
be deemed w aived in case o f disability or death where the employer or insur­
ance carrier voluntarily m akes compensation paym ents therefor, or, w ithin the
tim e above lim ited, has actual knowledge o f the incurrence o f the disease or o f
the death and its cause, or by his or its conduct m isleads the injured employee
or claim ant reasonably to believe that notice a n d /o r claim has or have been
w a iv e d : A n d p r o v id e d f u r t h e r , T h at where compensation paym ents have been
made and discontinued, and further compensation is claimed, whether fo r dis­
ability or death from asbestosis, silicosis or lead poisoning, the claim fo r such
further compensation shall be m ade w ithin two years a fter the last paym ent,
but in all other cases o f occupational disease claim fo r further compensation
shall be m ade w ithin one year after the last paym ent.
S e c . 8081 ( 1 6 ) . P o s t -m o r t e m e x a m in a tio n s .— Upon the filing o f a claim fo r
death from an occupational disease where in the opinion o f the Industrial Com ­
m ission a post-m ortem exam ination is necessary to accurately ascertain the
cause o f death, such exam ination shall be ordered by the Industrial Com m is­
sion. A fu ll report o f such exam ination shall be certified to the Industrial Com ­
mission. The surviving spouse or next kin and the employer or his insur­
ance carrier, if their identity and whereabouts can be reasonably ascertained,
shall be given reasonable notice o f the tim e and place o f such post-m ortem
2 6848°— 38---------4




44

OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 193 6

exam ination and, if present at such exam ination, shall be given an opportunity
to witness the same. A n y such person m ay be present at and w itness such
exam ination either in person or through a duly authorized representative. I f
such exam ination is not consented to by the surviving husband or w ife or next
o f kin, a ll right to compensation shall cease.
S e c . 8081 ( 1 7 ) . Controverted medical questions.— I f on the hearing o f a claim
fo r compensation fo r asbestosis a n d /o r silicosis, any controverted m edical ques­
tion or questions shall arise, the Industrial Commission shall reserve its decision
and aw ard until it shall have received a report from the A d visory M edical Com ­
m ittee ; and the In du strial Com m ission m ay in its discretion refer to said Com­
m ittee controverted m edical questions arising out o f other occupational disease
claim s.
S e c . 8081 (1 8 ) . Hearing before advisory medical committee.— T he Advisory
M edical Com m ittee, upon reference to it o f a case o f occupational disease, shall
n otify the employee, or, in case he is dead, his dependents or personal repre­
sentative, and his employer to appear before the A dvisory M edical Com m ittee
at a tim e and place stated in the notice. I f the employee be living, he shall
appear before the Advisory M edical Com m ittee at the tim e and place specified
then or thereafter and he shall submit to such exam inations, including clinical
and X -r a y exam inations, as the A dvisory M edical Com m ittee m ay require. The
employee, or, if he be dead, the claim ant and the employer shall be entitled to
have present at all such exam inations, a physician adm itted to practice medicine
in the State, who shall be given every reasonable fa cility for observing every
such exam ination, whose services shall be paid fo r by the claim ant or by the
employer who engaged his services. I f a physician adm itted to practice m edi­
cine in the State shall certify that the employee is physically unable to appear
at the tim e and place designated by the Advisory M edical Com m ittee, such Com ­
m ittee m ay, upon the advice o f the Industrial Com m ission, and on notice to the
employer, change the place a n d /o r tim e o f the exam ination so as to reasonably
fa cilita te the exam ination o f the employee, and in any such case the employer
shall furnish transportation and provide fo r other reasonably necessary ex­
penses incidental to necessary travel. The claim ant and the employer shall pro­
duce to the A dvisory M edical Com m ittee all reports of m edical and X -r a y
exam inations which m ay be in their respective possession or control showing the
past or present condition o f the employee to assist the A dvisory M edical C om ­
m ittee in reaching its conclusions.
S e c . 8081 (1 9 ) . Report of committee to industrial commission.— T he Advisory
M edical Com m ittee shall, as soon as practicable a fter it has completed its con­
sideration o f a case, report to the Industrial Commission its opinion regarding
all medical questions involved in the case. Th e Advisory M edical Com m ittee
shall include in its report a statement of what, if any, physician or physicians
were present at the exam ination on behalf o f the claim ant or employer and
what, if any, medical reports and X -ra y s were produced by or on behalf o f the
claim ant or employer.
S e c . 8081 (2 0 ) . Filing report; right of hearmg.— The Advisory M edical Com­
m ittee shall file its report in triplicate with the Industrial Commission, which
shall send one copy thereof to the claim ant and one copy to the employer by
registered m ail.
Unless within thirty days from receipt of the copy o f said
report the claim ant a n d /o r employer shall request the Industrial Commission
in w riting to set the case for further hearing for the purpose o f exam ining
a n d /o r cross-exam ining the members o f the Advisory Medical Com m ittee re­
specting the report o f said Committee, said report shall become a part o f the
record o f the case and shall be accepted by the Industrial Commission as expert
medical testimony to be considered as such in connection with all the evidence
in the case in arriving at its decision.
S e o . 8081 (2 1 ). Appointment of advisory medical committee .— T here shall be
an Advisory M edical Com m ittee consisting o f three members, who shall be
licensed physicians in good professional standing and peculiarly qualified in the
diagnosis a n d /o r treatm ent o f occupational diseases. They shall be appointed
by the Industrial Commission with the approval o f the Governor, and one of
them shall be designated as chairman of the Committee by the Industrial Com ­
m ission. T h e members o f Com m ittee shall be appointed to serve term s as fo l­
lows : One fo r a term o f tw o years, one fo r a term o f four years, and one fo r a
term o f six years. Upon the expiration o f each term as above mentioned the
Industrial Commission shall appoint a successor for a term of six y e a r s ; except
th at the terms o f the members first appointed shall expire June 30, 1936. The
function o f the Com m ittee shall be to conduct exam inations and m ake reports




OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 193 6

45

as required by sections 8081 (1 7 ) -8 0 8 1 (2 0 ) , and to assist in any post-m ortem
exam inations provided for in section 8081 (1 6 ) when so directed by the Indus­
trial Commission. Members o f the Com m ittee shall devote to the duties of the
office so much o f their tim e as m ay be required in the conducting o f exam ina­
tions w ith reasonable promptness, and they sh all attend hearings as scheduled
by the Industrial Commission when their attendance is desired for the purpose
o f exam ining and cross-exam ining them respecting any report or reports m ade
by them.
The members o f the Advisory Medical Com m ittee shall be paid such salaries
a n d /o r fees and expenses, and in m onthly installm ents or in such other manner
as m ay be determined by the Governor and approved by the Advisory Budget
Commission.
S e o . 8081 (22). Expenses of examinations.— T h e Industrial Commission shall
establish a schedule o f reasonable charges to defray expenses incurred in m ak­
ing exam inations pursuant to sections 8081 (9 ) and 8081 (1 6 ) , such charges
to be collected in accordance with rules and regulations which shall be adopted
by the Industrial Commission. Said charges shall be collected from employers
who by order o f the Industrial Commission are determined to be subject to the
hazards o f asbestosis a n d /o r silicosis.
S e c . 8081 (23). Expenses of hearings.— In hearings arising out o f claim s fo r
disability a n d /o r death resulting from occupational diseases the Industrial
Commission shall tax as a part o f the costs in cases in which compensation is
awarded a reasonable allowance for the services o f members o f the Advisory
Medical Com m ittee attending such hearings and reasonable allowances for the
services o f members o f the Advisory M edical Com m ittee fo r m aking investiga­
tions in connection w ith all claim s fo r compensation on account o f occupa­
tional diseases, including uncontested cases, as w ell as contested cases, and
whether or net hearings shall have been conducted in connection therewith.
All such charges, fees and allowances to be collected by the Industrial Com­
mission shall be paid into the General Fund o f the State Treasury to constitute
a fund out o f which to pay the expenses o f the Advisory M edical Committee.
S e o . 8081 (2 4 ) . Assessment upon employers to pay expenses of committee .—1
In the event the amount appropriated by the General Assem bly and the charges,
fees and allowances so assessed and collected and paid into the State Treasury
shall not be sufficient to pay the fu ll cost incurred by the Advisory M edical
Committee in m aking exam inations o f employees, and conducting post-mortem
examinations, and in m aking investigations o f claim s arising under this article,
and in testifying before the Industrial Commission, the Industrial Com m ission
shall assess against the employers found by the Industrial Commission to be
subject to the hazards o f asbestosis a n d /o r silicosis an amount sufficient to pay
such cost, said amount to be assessed against such employers pro rata on the basis
of annual payroll. T h e Industrial Commission is authorized to assess and
collect in advance in the beginning o f any year from the employers subject to
such hazard an amount estim ated as necessary to pay such cost. Said amount
when so assessed shall be paid by such employers within ten days after the
notice of assessment, and when collected by the Industrial Commission shall be
paid into the State Treasury as a part o f the fund out o f which to pay the
expenses o f the A d visory M edical Committee. In the event such amount so
assessed shall be found to be in excess o f the cost incurred by such A dvisory
Medical Committee in the performance o f its duties under this article, such
excess shall be credited against the estim ate o f the cost to be incurred by said
Committee for the succeeding year. In case the amount so assessed shall be
insufficient to pay such cost the Industrial Commission is authorized to m ake
an additional assessm ent to be m ade at the end o f the regular assessm ent period
and to be collected fro m the employers subject to the hazards o f asbestosis
a n d /o r silicosis.
S e c . 8081 ( 2 5 ) . Inspections.— Th e Industrial Commission shall m ake inspec­
tions o f em ployments fo r the purpose o f ascertaining whether such employments,
or any o f them, are subject to the hazards o f asbestosis a n d /o r silicosis, and fo r
the purpose of m aking studies and recommendations w ith a view to reducing
a n d /or elim inating such hazards. T h e Industrial Commission, a n d /o r any per­
son selected by it, is authorized to enter upon the premises o f employers where
employments covered by this article are being carried on to m ake exam inations
and studies as aforesaid. A n y employer, or any officer or agent o f an employer,
who unreasonably prevents or obstructs any such exam inations or study shall
be guilty o f a. misdemeanor.




46

OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 1 9 3 6

NORTH D AKO TA
S U P P L E M E N T (1925) T O C O M P IL E D L A W S , 1913
S ection 396a2. D e fin itio n s .— * * * “ In ju ry ” m eans only an injury arising
in the course o f employment, including an in ju ry caused by the w illfu l act o f a
third person directed against an employee because of his em ploym ent, but shall
not include injuries caused by the employee’s w illfu l intention to injure him self
or to injure another. Th e term “in ju ry” includes in addition to an injury by
accident, any disease proxim ately caused by the employment. I f the employer
claim s an exem ption or forfeitu re under this section, the burden o f proof shall
be upon him. * * *

OHIO
P A G E ’S G E N E R A L C O D E , 1932
S ection 14 65 -6 8a (a s amended 1931, p. 2 6 ) . O ccu p a tio n a l d is e a s e s .— E very
employee who is disabled because of the contraction o f an occupational disease
as herein defined, or the dependent o f an employee whose death is caused by an
occupational disease as herein defined, sh all, on and after July 1, 1921, be en­
titled to the compensation provided by sections 14 6 5 -7 8 to 1465-82, inclusive,
and section 1 4 6 5 -8 9 o f the General Code, subject to the modifications hereinafter
m en tion ed : P r o v id e d , T h a t no person shall be entitled to such compensation
unless fo r 90 days next preceding the contraction o f.t h e disease the employee
has been a resident o f the State o f Ohio, or fo r 90 days next preceding the
contraction o f the disease has been employed by an employer required by the
w orkm en’s compensation law o f Ohio to contribute to the occupational disease
fund o f Ohio fo r the benefit o f such employee, or to compensate such employee
directly under the provisions o f section 1 4 6 5 -6 9 o f the General Code.
T he follow in g diseases shall be considered occupational diseases and com­
pensable as such, when contracted by an employee in the course o f his em ploy­
m ent in which such employee w as engaged at any tim e w ithin 12 m onths
previous to the date o f his disablem ent and due to the nature o f any process
described h erein :
Schedule
DESCRIPTION OF D ISEASE OR INJUR Y

2.

3.

4.

5.

6.

7.

8.

9.

DESCRIPTION OF PROCESS

H andling of wool, hair, bristles, hides
and skins.
Glanders______________________________
Care of any equine anim al suffering
from glanders; handling carcass of
such animal.
Any industrial process involving the
Lead poisoning
use of lead or its preparation or com ­
pounds.
M ercury poisoning.
A n y industrial process involving the use
of mercury or its preparations or
compounds.
Phosphorus poisoning.
A n y industrial process involving the use
of phosphorus or its preparations or
compounds.
Arsenic poisoning.
A n y industrial process involving the use
of arsenic or its preparations or com ­
pounds.
A n y industrial process involving the
Poisoning b y benzol or b y nitro- and
use of benzol or nitro- or a m id o-deam ido-derivatives of benzol (dirivative of benzol or its preparations
nitro-benzol, anilin, and others).
or compounds.
A n y industrial process involving the use
Poisoning b y gasoline, benzine,
of gasoline, benzine, naphtha, or other
naphtha, or other volatile petro­
volatile petroleum products.
leum products.
Poisoning b y carbon bisulphide_____ A n y industrial process involving the use
of carbon bisulphide or its prepara­
tions or com pounds.

1. A n th ra x _______________________________




OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 19 3 6

47

S OHEDULE
DESCRIPTION OF DISEASE OR IN JU R Y

DESCRIPTION OF PROCESS

10. Poisoning b y wood alcoh ol_________

A n y industrial process involving the use
of wood alcohol or its preparations.
A n y industrial process involving the
handling or use of oils, cutting com ­
pounds or lubricants, or involving
contact with dust, liquids, fum es,
gases, or vapors.
H andling or industrial use of carbon,
pitch, or tarry com pounds.

11. Infection or inflam m ation of the
skin on contact surfaces due to
oils, cutting com pounds or lubri­
cants, dust, liquids, fum es, gases,
or vapors.
12. E pitheliom a cancer or ulceration of
the skin or of the corneal surface
of the eye due to carbon, pitch,
tar, or tarry compounds.
13. Com pressed-air illness_______________
14. Carbon dioxide poisoning___________

15. Brass or zinc poisoning

16. M anganese dioxide poisoning.

17. R adium poisoning.

18. Tenosynovitis
bursitis.

and

pre-patellar

19. Chrom e ulceration of the skin or
nasal passages.

20. Potassium cyanide poisoning.

21. Sulphur dioxide poisoning.

A n y industrial process carried on in
compressed air.
A n y process involving the evolution or
resulting in the escape of carbon di­
oxide.
A n y process involving the m anufacture,
founding, or refining of brass or the
melting or sm elting of zinc.
A n y process involving the grinding or
milling of manganese dioxide or the
escape of m anganese dioxide dust.
A n y industrial process involving the use
of radium and other radio active sub­
stances, in lum inous paint.
Prim ary tenosynovitis characterized by
a passive effusion or crepitus into the
tendon sheath of the flexor or extensor
muscles of the hand, due to frequently
repetitive m otions or vibration, or
pre-patellar bursitis due to continued
pressure.
A n y industrial process involving the use
of or direct contact with chromic acid
or bichrom ates of am m onium , potas­
sium , or sodium or their preparations.
A n y industrial process involving the use
of or direct contact with potassium
cyanide.
A n y industrial process in which sulphur
dioxide gas is evolved b y the expan­
sion of liquid sulphur dioxide.

S e c . 1465-68b. R i g h ts o f e m p l o y e e s .— E very employee m entioned in the next
preceding section and the dependent or dependents o f such employee and the
employer or em ployers o f such employee shall be entitled to all the rights,
benefits and im m unities and shall be subject to all the liabilities, penalties and
regulations provided for injured employees and their employers by sections
14 65 -4 4 to 1465-108, General Code, inclusive, save and except section 14 65 -9 0,
General Code, which shall not apply to any case involving occupational disease,
and also subject to such other modifications or exem ptions hereinafter provided.
T h e industrial com m ission shall have all o f the powers, authority and duties
with respect to the collection, adm inistration and disbursement o f the State
occupational disease fu n d as are provided for in sections 1465^14 to 14 65 -1 08,
General Code, inclusive, providing for the collection, adm inistration and dis­
bursement o f the State insurance fund for the compensation o f injured employees.
S e c . 1465-68c. R e s t r ic t i o n s .— No compensation shall be awarded on account
o f disability or death from disease suffered by an employee who, at the tim e o f
entering into the em ploym ent from which the disease is claim ed to have resulted,
shall have w ilfu lly and fa lsely represented h im self as not having previously
suffered from such disease. Compensation shall not be awarded on account o f
both in ju ry and disease, except when the disability is caused by such disease
and an injury, in which event the com m ission m ay apportion the paym ent o f




48

OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 1936

com pensation provided fo r in sections 14 6 5 -7 9 to 1 4 65 -8 2, General Code, in­
clusive, between the fu n d s as in their judgm ent seems ju st and proper. I f an
employee is suffering from both occupational disease and an injury, and the
industrial com m ission o f Ohio can determine which is causing his disability, it
shall pay compensation therefor from the proper fund.
Com pensation for loss sustained on account o f occupational disease by an
employee mentioned in subdivision 1 o f section 1465-61, General Code, or the de­
pendents o f such employee, shall be paid from the fund provided fo r in sections
1 4 6 5 -6 2 to 1465-67, General Code, inclusive.
Com pensation fo r loss sustained on account o f such disease by an employee
mentioned in subdivision 2 o f section 14 65 -6 1, General Code, or the dependents
o f such employee, shall be paid fro m the occupational disease fund or by the
em ployer o f such employee, in case such employer has elected to pay such com­
pensation directly to his employees.

PHILIPPINE ISLANDS
P U B L IC L A W S , V O L U M E 23

A ct N o. 3428, p. 415
S ection 2. Grounds for compensation.— W h e n any employee receives a per­
sonal in ju ry from any accident due to and in the pursuance o f the em ployment,
or contracts any illness directly caused by such em ploym ent or the result o f the
nature o f such em ployment, his employer shall pay compensation in the sums
and to the persons hereinafter specified.

PUERTO RICO
A C T S O F 1935
No. 45
S e c t io n 3. Rights of laborers.— E very w orkm an or employee who suffers an
Injury or an occupational disease under the conditions specified in this A ct, and
as established in section 2, shall be entitled to—

*

*

*

*

*

*

*

Table of occupational diseases and their causes.— T he diseases enumerated in
the follow ing table shall be considered as occupational diseases when contracted
by workmen or employees in the course o f the occupations therein enumerated,
w ithin the twelve months prior to the date o f the disability caused by such
disease due to the nature o f any o f the processes described in said table :

N am e

of

d is e a s e

D e s c r ip t io n

of pro cess

1. A n th ra x ________________________________ H andling of wool, hair, bristles, hides,
or skins.
2. Glanders________________________________Care of equine animals suffering from
glanders.
3. Lead poisoning________________________ A n y industrial process involving the use
of lead or of its preparations or com ­
pounds.
4. M ercury poisoning____________________A n y industrial process involving the use
of m ercury or of its preparations or
com ponents.
5. Phosphorus poisoning________________ A n y industrial process involving the use
of phosphorus or of its preparations or
com pounds.
6. Arsenic poisoning_____________________ A n y industrial process involving the use
of arsenic or of its preparations or
com pounds.
7 . Poisoning b y benzol or b y niter or A n y industrial process involving the use
their derivatives of amide diniof benzol, of niter, of amide and its
trate, anilin and others.
derivatives of benzol or its prepara­
tions or com pounds.




OCCUPATIONAL-DISEASE LEGISLATION IN
N am e

UNITED STATES, 1 9 3 6
D

o p d is e a s e

e s c r ip t io n

49

o p pr o c e ss

8. Poisoning b y gasoline, naphtha, or A n y industrial process involving the
other volatile petroleum product.
use of gasoline, benzine, naphtha, or
other volatile petroleum product.
9. Poisoning b y carbon bisulphide_____A n y industrial process involving the
use of carbon bisulphide or of its
preparations or com pounds.
10. Poisoning b y w ood alcoh ol__________ A n y industrial process involving the use
of wood alcohol or of its preparations.
11. Infection or inflam m ation of the A n y industrial process involving the
skin on contact with com pound,
handling or use of com pound, irritatirritating or lubricant oils, dust,
ing, or lubricant oils or involving
liquids, sm oke, gases or vapors.
contact with dust, liquids, sm oke,
gases, or vapors.
12. Ulceration of the skin or of the Handling or industrial use of coal, pitch,
corneal surface of the eye, due to
tar, or their com pounds,
coal, pitch, tar, or their com ­
pounds.
13. Com pressed-air poisoning___________ A n y industrial process carried on in
compressed air.
14. Carbon dioxide poisoning____________A n y process involving the evolution, or
resulting in the escape, of carbon
dioxide.
15. Brass or zinc poisoning______________ A n y industrial process involving the
m anufacture, founding, or refining of
brass or the m elting or sm elting of
zinc.

RHODE ISLAND
G E N E R A L L A W S , 1923
C h a p t e r 92
A r t ic l e Y I I I

(a s added, by ch. 2358, A cts o f 1 9 3 6 ).

Occupational D iseases

S e c t io n 1. D e fin itio n s. — W henever used in this a rticle:

(a ) The word ‘‘disability” m eans the state o f being disabled from earning fu ll
w ages at the work a t which the employee was last em p loy ed ;
(b ) T h e word “ disablement” m eans the event o f becoming so disabled as
defined in sub-paragraph ( a ) ;
(c ) Th e term “ occupational disease” m eans a disease which is due to causes
and conditions which are characteristic o f and peculiar to a particular trade,
occupation, process or employment.
S e c . 2. Occupational d is e a s e s . — Th e disablem ent o f an employee resulting from
an occupational disease or condition described in the follow ing schedule shall
be treated as the happening of a personal in ju ry by accident w ithin the m eaning
o f this chapter and the procedure and practice provided in this chapter shall
apply to a ll proceedings under this article, except where specifically otherwise
provided h erein :
1.
2.
3.
4.
5.
6.
7.
8.
9.

A n th rax.
Arsenic poisoning or its sequelae.
B rass or zinc poisoning or its sequelae.
Lead poisoning or its sequelae.
Manganese poisoning.
M ercury poisoning or its sequelae.
Phosphorus poisoning or its sequelae.
Poisoning by wood alcohol.
Poisoning by carbon bisulphide, m ethanol, naphtha, or volatile halogenated hydrocarbons, or any sulphide, or its sequelae.
10. Poisoning by benzol, or nitro-, hydro-, h ydroxy- and am ido-derivatives o f
benzol ( dinitro-benzol, anilin, and oth ers), or its sequelae.
11. Poisoning by carbon monoxide.
12. Poisoning by nitrous fum es or its sequelae.




50

OCCUPATIONAL-DISEASE LEGISLATION IN

UNITED STATES, 1 9 3 8

13. Poisoning by nickel carbonyl or its sequelae.
14. Dope poisoning (poisoning by tetrachlormethan or any substance used as
or in conjunction w ith a solvent fo r acetate o f cellulose or nitro
cellulose or its sequelae).
15. Poisoning by form aldehyde and its preparations.
16. Chrome ulceration or its sequelae or chrome poisoning.
17. Epitheliom atous cancer or ulceration o f the skin, or o f the corneal sur­
face o f the eye, due to tar, pitch, bitumen, m ineral oil, or paraffin, or
any compound, product or residue o f any o f these substances.
18. Glanders.
19. Compressed air illness or its sequelae.
20. Miners* disease, including only cellutitis, bursitis, ankylostom iasis, teno­
synovitis and nystagm us.
21. C ataract in glassw orkers.
22. R adium poisoning or disability due to radio-active properties o f sub­
stances or to Roentgen rays ( X -r a y s ) .
23. M ethyl chloride poisoning.
24. Poisoning by sulphuric, hydro-chloric or hydro-fluoric acid.
25. Respiratory, gastrointestinal or physiological nerve and eye disorders
due to contact w ith petroleum products and their fumes.
26. D isability arising from blisters or abrasions.
27. H ernia, clearly recent in origin and resulting from a strain, arising out
o f and in the course o f employment and prom ptly reported to the
employer.
28. In fection or inflam m ation o f the skin or eyes or other external contact
surfaces or oral or nasal cavities due to oils, cutting compounds, or
lubricants, dust, liquids, fum es, gases or vapors.
29. D erm atitis (v en en ata).
30. D isability arising from bursitis or synovitis.
31. D isability arising fro m fro st bite.
S e o . 3. B e n e fits . — I f an employee is disabled or dies and his disability or death
is caused by one o f the diseases mentioned in the schedule contained in section
tw o o f this article and the disease is due to the nature o f the employment in
which such employee w as engaged and was contracted therein, he or his depend­
ents shall be entitled to compensation fo r his death or fo r his disablem ent, and
he shall be entitled to be furnished w ith medical and hospital services, a ll as
provided in article I I o f this chapter, except as hereinafter stated in this
a r tic le : P r o v id e d , h o w e v e r , T h at i f it shall be determined that such em ployee is
able to earn wages at another occupation which shall be neither unhealthful nor
injurious and such w ages do not equal his fu ll wages prior to the date o f his
disablement, the compensation payable shall be a percentage o f fu ll compensa­
tion proportionate to the reduction in his earning capacity.
S e c . 4. T im e lim it. — Neither the employee nor his dependents shall be entitled
to compensation for disability or death resulting from such occupational disease,
unless such occupational disease is due to the nature o f his employment and
w as contracted therein, or in a continuous employment sim ilar to the one in
which he was engaged at the tim e o f his disablement, within tw enty-four months
previous to the date o f disablement, whether under one or more employers. T he
tim e lim it for contraction o f the occupational disease prescribed by this section
shall not bar compensation in the case o f an employee who contracted such
occupational disease in the same employment w ith the sam e employer by whom
he w as employed at the tim e o f his disablement and who had continued in the
sam e employment w ith the same employer from the tim e o f contracting such
occupational disease up to the tim e o f his disablement thereby.
S e o . 5. E x a m in a tio n b y p h y sic ia n . — T h e director o f labor shall appoint one or
more physicians whose duty it shall be to exam ine any claim ant under this
article and to make a report in such form as the director m ay require.
S e o . 6. D a t e o f d is a b le m e n t. — F or the purposes o f this article the date o f dis­
ablement shall be such date as the director or the court m ay determine on the
hearing on the claim .
S e o . 7. F a l s e r e p r e s e n ta tio n s . — N o compensation shall be payable fo r an occu­
pational disease i f the employee, at the time o f entering into the employment o f
the employer by whom the compensation would otherwise be payable, or there-




O CCU PAT ION AL-D ISEA SE LE G ISL A T IO N

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U N IT E D

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51

after, w ilfu lly and falsely represents in w riting that he has not previously
suffered from the disease which is the cause o f the disability or death. W h e re
an occupational disease is aggravated by any other disease or infirmity, not
itse lf compensable, or where disability or death from any other cause, not
itself compensable, is aggravated, prolonged, accelerated, or in any wise con­
tributed to by an occupational disease, the com pensation payable shall be such
proportion only o f the compensation that would be payable if the occupational
disease were the sole cause o f the disability or death as such occupational dis­
ease, as a causative factor, bears to all the causes o f such disability or death,
such reduction in compensation, to be effected by reducing the number o f weekly
paym ents or the amounts o f such paym ents, as under the circum stances o f the
particular case m ay be for the best interests o f the claim ant or claimants.
S e o . 8. A p p o r t io n m e n t o f c o m p e n s a tio n .— The total compensation due shall
be recoverable from the employer who la st employed the employee in the em ­
ploym ent to the nature o f which the disease w as due and in which it w as con­
tracted. I f , however, such disease w as contracted w hile such employee w as in
the employment o f a prior employer, the employer who is m ade liable fo r the
total compensation as provided by this section, m ay appeal to the director o f
labor fo r an apportionment of such compensation among the several em ployers
w ho since the contraction o f such disease shall have employed such employee in
the em ployment to the nature o f which the disease w as due. Such apportion­
m ent shall be proportioned to the tim e such employee w as employed in the
service o f such employers, and shall be determined only a fter a hearing, notice
o f the tim e and place o f which shall have been given to every employer alleged
to be liable fo r any portion o f such compensation. I f the director finds that
any portion o f such compensation is payable by an em ployer prior to the em ­
ployer who is made liable fo r the total compensation as provided by this section,
he shall m ake an aw ard accordingly in fa v or o f the la st employer, and such
aw ard m ay be enforced in the same m anner as an aw ard fo r compensation.
S eo . 9. N o t i c e .— T h e employer to whom notice o f death or disability is to be
given, or against whom claim is to be m ade by the employee, shall be the em ­
ployer who last employed the employee during the said tw enty-four m onths in
the employment to the nature o f which the disease w as due and such notice and
claim shall be deemed seasonable as against prior employers. The requirements
as to notice as to occupational disease and death resulting therefrom and the
requirements as to the bringing o f proceedings fo r compensation fo r disability
or death resulting from such occupational disease shall be the same as required
in section seventeen o f article I I o f this chapter, except that the notice shall
be given to the employer w ithin ninety days a fter the disablement.
S e o . 10. A d d itio n a l in fo r m a tio n fu r n is h e d .— Th e employee, or his dependents,
if so requested, shall furnish the last employer or the director o f labor w ith
such inform ation as to the nam es and addresses o f a ll his other employers dur­
ing the said tw enty-four m onths, as he or they m ay p o ssess; and if such in­
form ation is not furnished, or is not sufficient to enable such last employer to
take proceedings against a prior employer under section eight o f this article,
unless it be established th at the occupational disease actually w as contracted
w hile the employee w as in his em ploym ent, such la st employer shall not be
liable to pay compensation, or, i f such inform ation is not furnished or is not
sufficient to enable such last employer to take proceedings against other em ­
ployers under section eight o f th is article, such la st em ployer shall be liable
only fo r such part o f the total compensation as under the particular circum ­
stances the director m ay deem j u s t ; but a fa lse statem ent in the inform ation
furnished as aforesaid shall not im pair the em ployee’s rights unless the last
employer is prejudiced thereby.
S e o . 11. R i g h ts u n d e r o t h e r p r o v is io n s .— N othing in this article shall affect
the rights o f an employee, or his dependents, to recover compensation in re­
spect to a disease to which th is article does not apply, if the disease, apart fro m
this article, is one fo r which compensation is payable under the other provi­
sions o f th is chapter.
S e o . 12. E x p o s u r e p r io r to S e p t e m b e r 1 5 , 1 9 3 6 .— T h is article shall not apply to
cases o f occupational disease in which the last injurious exposure to the
hazards o f such disease occurred prior to the fifteenth day o f September, A . D .
1936.




52

OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 19 36
W EST V IR G IN IA
CODE, 1931

A rticle 6 (as added by acts o f 1985, ch. 79)
S ection 1. A dm in istration .— The provisions of this article shall be adminis­
tered by the state compensation commissioner, and the provisions of article one
of this chapter are applicable hereto. A ll charges and expenses peculiar to
the administration of this article shall in the proportionate amount be charge­
able to and paid out of the workmen’s compensation silicosis fund.
Seo. 2. Classification o f in d u stries; election by em p loyers .— (a ) In order that
compensation for the disease of silicosis as herein defined might be paid to all
persons employed within this state in interstate or intrastate work as defined
by section ten, article two of this chapter, and in the service of those em­
ployers legally doing or authorized to do business in this state and who elect
to qualify under and subject themselves to the provisions of this article, the
commissioner shall make the necessary separate classifications of the various
industries for those employers who so elect, and the commissioner shall make
such classifications and fix the rate of premiums in the manner provided by
section four of article two of this chapter. Those employers who do not elect
to come within the provisions of this article shall not be subject to the pro­
visions of article two of this chapter except as otherwise specifically provided
in this article. The assessments and premiums paid by such employers so
electing shall be kept by the commissioner in a separate fund to be known and
designated as “workmen’s compensation silicosis fund.”
(b ) For the purpose of creating the workmen’s compensation silicosis fund,
each employer electing to become subject thereto under the provisions of this
article shall make his election and pay the premiums in the manner provided
by section five of article two of this chapter.
(c) Every employer electing to come under the provisions of this article shall
give the information, and make the necessary reports, to the commissioner as
provided by sections two and three of article two of this chapter.
(d ) Except as otherwise herein specifically provided, all the provisions of
this chapter relating to premiums and assessments paid into, and disbursements
for benefits, compensation, medical and hospital treatment, funeral expenses,
and other charges from, the fund designated as “workmen’s compensation fund,”
and the limitations of the amounts to be thereby expended, shall likewise apply
to the fund designated as “workmen’s compensation silicosis fu n d ;” and the
term “workmen’s compensation fund” as used in this chapter whenever ap­
plicable, shall be construed to mean and include the term “workmen’s com­
pensation silicosis fund.”
S ec . 3. N otice b y em ployers to em p lo ye es; exem p tion fro m lia bility .— Each
employer electing to pay the premiums provided by this article into the work­
men’s compensation silicosis fund, or electing to make direct payments of com­
pensation as provided by section nine of article two of this chapter, shall post,
and keep posted, in conspicuous places about his place or places of business,
typewritten or printed notices in the form prescribed by the commissioner,
stating the fact that such employer has made such election, and the same when
so posted shall constitute sufficient notice to all his employees, and to the
parents of any minor employees, of the fact that the employer has made such
election; and any employer who makes such election shall not thereafter be
liable to respond in damages at common law or by statute for the disease or
death of any employee because of silicosis during the period in which such
employer shall not be in default in the payment of such premiums and shall
have complied fully with all other provisions of this article.
S ec . 4. Silicosis fund. — (a ) The commissioner shall establish a fund, to be
known as “workmen’s compensation silicosis fund,” from the premiums and
other funds paid thereto by employers who have elected to pay and have paid
the premiums applicable to such employers under the provisions of this article
relating to silicosis, for the benefit of employees of employers who have paid
the premiums applicable to such employers, and have otherwise complied fully
with the provisions of section five, article two of this chapter, and for the
benefit of the dependents of such employees, and for the payment of the admin­
istration expenses of this article, and shall adopt rules and regulations in




OCCUPATIONAL-DISEASE LEGISLATION IN

UNITED STATES, 1 9 3 6

53

respect to the collection, maintenance and disbursement of such funds not in
conflict with the provisions of this chapter.
(b ) Ten per cent of all that shall hereafter be paid into the workmen’s com­
pensation silicosis fund shall be set aside for the creation of a sufficient surplus
fund, within the discretion of the commissioner, not exceeding one hundred
thousand dollars, after which time the sum of five per cent of all the money
paid into such fund shall be credited to such surplus fund until such time as
in the judgment of the commissioner such surplus fund shall be sufficiently
large to cover the catastrophe hazard and all losses not otherwise specifically
provided for in this article.
(c) Employers electing as provided by this chapter to individually and di­
rectly compensate their employees having silicosis, or their dependents, shall
do so in the manner prescribed by the compensation commissioner, and shall
make all reports and execute all blanks, forms and papers as directed by said
commissioner and as herein provided in this chapter.
(d) The custody, investment and disbursement of the workmen’s compensa­
tion silicosis fund shall be in the manner and form prescribed by section two,
article three, of this chapter, and any and all amendments thereto.
Sec. 5. D isbursem ent o f silicosis fu n d ; definition o f “ silic o sis” — The com­
missioner shall disburse the workmen’s compensation silicosis fund to the em­
ployees of such employers as are not delinquent in the payment of premiums for
the last month in which said employees have been exposed to silicon dioxide
dust in harmful quantities and who have otherwise complied fully with the
provisions of this article, and which employees shall have contracted silicosis
in this state in the course of and resulting from their employment, or to the
dependents, if any, of such employees, in case death has ensued, according to the
provisions hereinafter made.
Where an employee suffers from the disease of silicosis as hereinafter defined,
or dies as the result of such disease, and the disease is due to the nature of an
occupation or process in which he was employed at any time within one year
previous to such disease, and claim therefor has been made within one year after
the last exposure of said employee to silicon dioxide dust in harmful quantities,
the employee, or in case of death his dependents, shall be entitled to compensa­
tion for silicosis as provided herein: P rovided, how ever, That compensation
shall not be payable for the disease of silicosis, or death resulting therefrom,
unless the employee has been exposed to the inhalation of silicon dioxide dust
in harmful quantities over a period of not less than two years in the same
employment in this state.
For the purpose of this article, silicosis is defined as an insidious flbrotic
disease of the lung or lungs due to the prolonged inhalation and accumulation
sustained in the course of and resulting from his employment, of minute par­
ticles of dust containing silicon dioxide (S i0 2) over such a period of time and
in such amounts as result in the substitution of fibrous tissue for normal lung
tissues; and the term “silicosis” as used herein shall also include silicosis ac­
companied by tuberculosis of the lungs evidenced by the presence of tubercle
bacillus in the sputum.
Sec. 6. D isbursem ent w h ere contracted by toilful m isconduct, rules and sa fe ty
appliances; deliberate intention b y e m p lo ye r; definitions.— Notwithstanding any­
thing hereinbefore or hereinafter contained, no employee or dependent of any
employee shall be entitled to receive any sum from the workmen’s compensation
silicosis fund, or to direct compensation from any employer making the election
and receiving the permission mentioned in section nine, article two of this chap­
ter, or otherwise under the provisions of this chapter, on account of contracting
the disease of silicosis caused by wilful misconduct, wilful self-exposure as de­
fined herein, disobedience to such rules and regulations as may be adopted by
the employer and approved by the commissioner, and which rules and regula­
tions have been and are kept posted in conspicuous places in and about the
premises, or the failure of such employee to use or make use of any protective
or safety appliance or appliances prescribed by the commissioner and furnished
by the employer for the use of or applicable to such employee; nor shall any
employee or dependent thereof maintain any action for damages on account of
disability arising from the disease of silicosis contracted through wilful self­
exposure as defined herein. For the purposes of this article and to prevent
employees from contracting silicosis, the commissioner may require all employers
to adopt rules which have been approved by him for the protection and safety
of his employees, and keep the same posted in conspicuous places in and about




54

OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 1 9 3 6

the premises; and the commissioner shall require employers to install, use or
adopt such protective or safety appliance or appliances as in the commissioner’s
opinion are necessary for the protection of the employees. I f silicosis or death
therefrom result to any employee from the deliberate intention of his employer
to produce silicosis or death therefrom, the employee, the widow, widower, child
or dependent of the employee, shall have the privilege to take under this article,
and shall also have cause of action against the employer as if this chapter had
not been enacted for any excess of damages over the amount received or receiv­
able under this chapter. As used in this section, the term, “deliberate inten­
tion’*, shall mean conscious and wilful determination.
As used in this section, the term “willful self-exposure,” causing the con­
traction of the disease of silicosis, shall include: (1) Failure or omission on the
part of an employee to observe such rules and regulations as may be adopted by
the employer and approved by the commissioner and which rules and regulations
have been and are kept posted in a conspicuous place in and about the premises;
(2)
Failure or omission on the part of an employee truthfully to state to the
best of his knowledge in answer to inquiry made by the employer the place,
duration, and nature of previous employment; (3) Failure or omission on the
part of an employee truthfully to answer to the best of his knowledge in answer
to an inquiry made by the employer full information about the previous status
of his health, habits, and medical attention that he or his blood relatives may
have heretofore received.
Seo. 7. Stages o f silic o sis; benefits and m ode o f p a ym en t .— An employee shall,
for the purposes hereof, be deemed to have silicosis: (1) in the first stage when
it is found by the commissioner that the earliest detectable specific signs of
silicosis are present, whether or not capacity for work is or has been impaired by
such silicosis; (2) in the second stage when it is found by the commissioner that
definite and specific physical signs of silicosis are present, and that capacity for
work is or has been impaired by that disease; (3) in the third stage when it is
found by the commissioner that the employee has silicosis accompanied by tuber­
culosis of the lungs evidenced by the presence of tubercle bacillus in the sputum.
Where compensation for silicosis is due an employee under the provisions
hereof, such compensation shall be provided in the following schedule: (a ) I f
the employee is suffering from silicosis in the first stage, the employee shall
receive the sum of five hundred dollars as compensation in full for said disease
that he has sustained as a result of and in the course of his employment, said
sum to be payable as a lump sum or in periodic installments in the discretion of
the commissioner, and shall be a final payment and operate as a full release by
the employee for compensation and for any claim against the employer that the
employee may thereafter have for silicosis, and irrespective of whether the em­
ployee thereafter continues in the same employment, he shall not have the right
to receive any or further compensation or make any claim because of silicosis
either to the compensation commissioner or against his employer, anything to the
contrary in this chapter notwithstanding; (b ) if the employee is suffering from
silicosis in the second stage, the employee shall receive the sum of one thousand
dollars as compensation in full for said disease that he has sustained as a
result of and in the course of his employment, said sum to be payable as a lump
sum or in periodic installments in the discretion of the commissioner, and shall
be a final payment and operate as a full release by the employee for compensa­
tion and for any claim against the employer that the employee may thereafter
have for silicosis, and irrespective of whether the employee thereafter continues
in the same employment, he shall not have the right to receive any or further
compensation or make any claim because of silicosis either to the commissioner
or against his employer, anything to the contrary in this chapter notwithstand­
ing; (c) if the employee is suffering from silicosis in the third stage, the com­
pensation shall be paid therefor in the same manner and at the same rate as is
provided for permanent disability under the provisions of subdivisions (c ), (f)
and ( h ) of section six, article four, of this chapter; ( d ) if the employee dies
from silicosis within one year from the date of the last exposure of the em­
ployee to silicon dioxide dust in harmful quantities, the benefits shall be in the
amounts and to the persons provided for in section one, article four of this
chapter; as to such benefits sections eleven to fourteen, inclusive, of article
four of this chapter shall apply.
Sec. 8. P h ysica l exam ination o f cla im a n t; ex p en ses .— The commissioner shall
have power, after due notice to the employer, and whenever in his opinion it
shall be necessary, to order a claimant to appear for examination before the
medical board hereinafter provided. Claimant shall be entitled to reasonable




OCCUPATIONAL-DISEASE LEGISLATION IN

UNITED STATES, 19 3 6

55

traveling and other expenses necessarily incurred by him in obeying such order,
which shall be paid out of the workmen’s compensation silicosis fund within
the amount allowed for medical, surgical and hospital treatment.
Sec. 9. Application fo r ben efits; nonresident aliens.— (a ) To entitle any em­
ployee to compensation for silicosis under the provisions hereof, the application
therefor must be made on a form or forms prescribed by the commissioner and
filed in the office of the commissioner within one year from and after the date
of the last injurious exposure to silicon dioxide dust, or in case of death, the
application shall be filed as aforesaid by the dependent of such employee within
one year from and after the date of the last injurious exposure to silicon
dioxide dust.
(&) Nonresident aliens may be officially represented by the consular officers
of the country of which such aliens may be citizens or subjects: Provid ed , That
nothing herein contained shall be construed as giving such consular officer the
right to make application for compensation in behalf of the nonresident aliens.
Seo. 10. N otice to em ployer by em ployee or dependent.— Unless the employer
during the continuance of employment shall have actual knowledge that the
employee has contracted silicosis, or unless the employee or some one on his
behalf or his dependents shall give written notice of a claim that such employee
has contracted silicosis, within a period of one year from the date when said
employee shall have ceased to be a subject to injurious exposure to silicon
dioxide dust in employment with said employer, no compensation shall be
allowed and paid on account of death or disability of such employee by reason
of silicosis.
Sec. 11. H ea rin g s; findings required of com m issioner. — On the hearing of a
claim for compensation for silicosis, the commissioner shall hear, determine and
file findings covering, but not limited thereto, the following nonmedical questions:
(a ) Whether the employee was in fact, within one year prior to the filing of
his claim, in the employ of the employer, and, if so, the duration of such em­
ployment and whether or not such employment was subject to the provisions
hereof;
(b ) The occupation or occupations, process or processes in which the em­
ployee was engaged during such employment, and the approximate periods of
work in each such occupation or process;
(c) The employments, previous and subsequent to the employment out of
which the claim arose, the duration thereof, and the exposure therein to the
hazard of silicon dioxide dust;
(d ) Whether such employee contracted said disease through wilful self­
exposure ;
(e) The average weekly wages of the employee at the time of his last injurious
exposure to silicon dioxide dust in the employment of the employer;
( / ) The date of the last injurious exposure to silicon dioxide dust in the
employment with the employer, and if the employee is no longer in the service
of the employer, the date upon which said employee ceased so to w ork; and, if
the employee has died, the date and place of such death and the place of inter­
ment of the body.
_ .
Seo. 12. Silicosis medical boa rd ; qualifications , etc.— There shall be a medical
board, known as the “silicosis medical board,” which shall consist of three
licensed physicians, who shall be appointed by the commissioner. No person
shall be appointed as a member of said board, or as a consultant thereto, who
has not by special study or experience, or both, acquired special knowledge of
pulmonary diseases. All members of the silicosis medical board shall be phy­
sicians of good professional standing, admitted to practice medicine and surgery
in this state, and two of said physicians shall be roentgenologists. One of the
board shall be designated annually as chairman by the commissioner. The
term of office of each member of such board shall be six years, except that the
terms of the members first appointed shall be two, four and six years, respec­
tively. The function of such board shall be to determine all medical questions
to cases of compensation for silicosis under the direction and supervision of the
commissioner. The commissioner, from time to time, shall fix the per diem
salary, computed on the basis of actual time devoted to the discharge of their
duties, to be paid each member of such board, and they shall also be entitled to
reasonable and necessary traveling and other expenses incurred while actually
engaged in the performance of their duties.
Sec. 13. Silicosis medical b o a rd ; proced u re; a utopsy .— The silicosis medical
board upon reference to it by the commissioner of a case of silicosis, shall
notify the employee, or in case he is dead the claimant, and the employer, to




56

OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 19 3 6

appear before such board at a time and place stated in the notice. I f the
employee be living, he shall appear before the board at the time and place
specified and submit to such examinations, including clinical and X-ray ex­
aminations, as the board may require. I f a physician licensed to practice
medicine in the state shall make affidavit that the employee is physically unable
to appear at the time and place designated by the board, such board shall,
on notice to the proper parties, change the place and time of examination to
such other place and time as may reasonably facilitate the hearing or examina­
tion of the employee. The employee or in case he is dead the claimant, and the
employer shall also produce as evidence to the board all reports of medical
and X-ray examinations which may be in their respective possession or control,
showing the past or present condition of the employee. I f the employee be
dead, the notice of the board shall further require that the claimant produce
necessary consents and permits so that an autopsy may be performed, if the
board shall so direct. When in the opinion of the board an autopsy is deemed
necessary to accurately and scientifically ascertain and determine the cause of
death, such autopsy examination shall be ordered by the board, which shall
designate a duly licensed physician, a pathologist, or such other specialists
as may be deemed necessary by the board, to make such examination and tests
to determine the cause of death and certify his or their written findings, in
triplicate, with said board, and which findings shall be public records. In the
event that a claimant for compensation for such death refuses to consent and
permit such autopsy to be made, all rights for compensation shall thereupon
be forfeited.
The employee, or if he be dead, the claimant, and the employer, shall be
entitled to be present at all examinations conducted by the board, and to be
represented by attorneys and physicians.
Sec. 14. Silicosis m edical boa rd ; rep orts , findings , etc .— The silicosis medical
board, as soon as practicable, after it has completed its investigation, shall
make its written report, in triplicate, to the commissioner of its findings and
conclusions on every medical question in controversy, and the commissioner
shall send one copy thereof to the employee or claimant and one copy to the
employer, and the said board shall also return to and file with the commissioner
all the evidence, as well as all statements under oath, if any, of the persons who
appeared before it on behalf of the employee or claimant, or employer, and also
all medical reports and X -ray examinations produced by or on behalf of the
employee or claimant, or employer.
The findings and conclusions of the said board shall set forth, among other
things, the following:
(a ) Whether or not the claimant or the deceased employee has contracted
silicosis, and, if so, the stage thereof;
(b) I f the claimant or the deceased employee has contracted such disease,
whether or not the exposure in the employment, with said employer, was suffi­
cient to have caused silicosis or to have injuriously aggravated an existing
silicosis;
( c ) What, if any, physician appeared before the board on behalf of the
claimant, and what, if any, X-rays were produced by or on behalf of the claim­
ant, and what, if any, physician appeared before the board on behalf of the
employer, and what, if any, X-rays were produced by or on behalf of the
employer.
I f either party object to the whole or any part of such findings and conclu­
sions of the board, he shall file with the commissioner, within ten days of the
mailing of said copy to him unless for good cause shown the commissioner
extends said time, his objections, in writing, thereto, specifying the particular
statements of the board’s findings and conclusions to which he objects. After
the time has expired for the filing of objections to the findings and conclusions
of the board, the commissioner shall proceed to act as provided in this chapter.
I f after the time has expired for the filing of objections to the findings and
conclusions of the board no objections have been filed, the report of a majority
of the board of its findings and conclusions on any medical question shall be
taken to be plenary and conclusive evidence of the findings and conclusions
therein stated. If objection has been filed to the findings and conclusions of
thf board, notice thereof shall be given to the board, and the members thereof
joining in such findings and conclusions shall appear at the time fixed by the
commissioner for the hearing to submit to examination and cross-examination
in respect to such findings and conclusions. A t such hearing evidence to con­
trovert the findings and conclusions of the board shall be limited to examina-




OCCUPATIONAL-DISEASE LEGISLATION IN UNITED STATES, 1 9 3 6

57

tion and .cross-examination of the members of the board appearing and in addi­
tion thereto only the testimony of such physician or physicians as may have
appeared before the board on behalf of the claimant or the employer, or each,
and participated in all of the examinations conducted by such board: Provided,
That if such physician shall have died or is physically unable to attend, after
appearing before said board, the party whom he represented may select any
other duly licensed physician of W est Virginia and may introduce his testimony
in addition to that of the one who has so died or is so physically unable to
attend.
Seo. 15. Protection against exposu/re prior to effective date o f sta tute.— The
provisions hereof shall not apply to cases of silicosis in which the last injurious
exposure to silicon dioxide dust in harmful quantities occurred before the pro­
visions hereof shall have taken effect: P rovid ed , That any employer hereunder
may elect to provide and pay compensation hereunder for silicosis in which the
last injurious exposure to the hazards of such disease occurred before the pro­
visions hereof shall have taken effect by filing notice of such election with the
commissioner and posting copies of said notice in conspicuous places on his
premises, and every employee who is employed at the time of posting such
notice shall be deemed to have accepted all the provisions hereof and shall be
bound thereby unless within thirty days after the filing and posting of such
notice such employee shall file a notice to the contrary with the commissioner,
whose duty it shall be to immediately notify the employer: Provided, further,
That any employer and any former employee thereof prior to the date the pro­
visions hereof take effect, when such former employee claims to have con­
tracted silicosis, may by an agreement in writing elect to accept the provisions
hereof, whereupon such former employee shall file his application with the com­
missioner, and the commissioner is hereby authorized to act in such cases, in
which event all charges for administration and other expenses shall be charged
to the particular employer, and if the commissioner finds that compensation
should be paid, he shall determine the total amount and all administration
charges thereof and assess same against the particular employer, who shall at
once make payment of the full amount thereof into the workmen’s compensation
silicosis fund, and such amount so awarded shall be disbursed by the commis­
sioner as in any other case arising under the provisions hereof.
S eo. 16. M od e o f paying ben efits; exem ption from legal process. — Compensa­
tion shall be paid only to or for the use of such employees, or their dependents,
as herein provided, and shall be exempt from all claims of creditors and from
any attachment, execution or assignment. Payments shall be made in such
periodical installments as may seem best to the commissioner in each case.
S ec . 17. Seeking com pensation w r o n g fu lly; penalty. — Any person who shall
knowingly and with fraudulent intent secure or attempt to secure larger com­
pensation, or compensation for a longer term than he is entitled to, from the
workmen’s compensation silicosis fund, or knowingly and with like intent
secure or attempt to secure compensation from such fund when he is not
entitled thereto, or shall knowingly and with like intent aid or abet anyone
in the commission of the offenses herein set forth, shall be guilty of a misde­
meanor, and upon conviction thereof shall be fined not exceeding five hundred
dollars or imprisoned not exceeding twelve months, or both, in the discretion of
the court, and if the person so convicted is receiving compensation from such
fund, he shall from and after such conviction cease to receive such compensation.
S ec . 18. F in a lty o f ru lin gs; r e v i e w ; conflicting acts rep ea led ; provisions of
act separable.— The provisions of section one, article five of this chapter, pro­
viding for the finality of the commissioner’s rulings and the review by the
supreme court of appeals, are applicable to the provisions of this article.
All acts and parts of acts in conflict with this act, or any part thereof, are
hereby repealed. The various provisions of this act shall be construed as
separable and several, and should any of the provisions, sentences, clauses or
parts thereof be construed or held unconstitutional, or for any other reason
invalid, the remaining provisions of this act shall not be thereby affected.
W IS C O N S IN
STATUTES, 1935
S ection 102.01. D efin ition s .— * * *
(2 ) * * * “ injury” is mental or physical harm to an employee caused by
accident or disease; * * *.




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OCCUPATIONAL-DISEASE LEGISLATION IN

UNITED STATES, 1 9 3 6

S ec . 102.03. C onditions o f lia bility .— *

* *
(3)
In the case of disease intermittent periods of temporary disability shall
create separate claims, and permanent partial disability shall create a claim
separate from a claim for any subsequent disability which latter disability is the
result of an intervening cause.
S ec . 102.18. Findin gs and aw ard .— * * *
(5) I f it shall appear to the commission on due hearing that a mistake has
been made in an award of compensation for an injury when in fact the employe
was suffering from an occupational disease, the commission may within 3 years,
set aside such award, and make a new award under this section.
Sec. 102.565. N on disaU in g silicosis. — (1) When the conditions of liability as
provided in this chapter exist, except as provided in this section, and an em­
ployee is discharged from employment because he has a nondisabling silicosis
under circumstances such as to occasion wage loss, the commission may allow
such sum for compensation on account thereof, as it may deem just, not exceed­
ing 70 percent of his average annual earnings as defined in section 102.11.
(2)
Payment of a benefit under this section to an employee shall estop such
employee from any further recovery under this section.

UNITED STATES EMPLOYEES* COMPENSATION ACT
U N ITED STATES CODE, 1934
TITLE 5
S ection 790. D efinitions .— *

to injury
ment.* *

by
*

accident,

any

* * The term “ injury” includes, in addition
disease proximately caused by the employ­

UNITED STATES LONGSHOREMEN’S AND HARBOR WORKERS*
COMPENSATION ACT
U N ITE D STATES CODE, 1934
TITLE 33
S ection 902. D efinitions .— When used in this act * * *
(2) The term
“injury” means accidental injury or death arising out of and in the course of
employment, and such occupational disease or infection as arises naturally out
of such employment or as naturally or unavoidably results from such accidental
injury, and includes an injury caused by the willful act of a third person
directed against an employee because of his employment.




Appendix
Occupational-Disease Legislation Enacted in 1937
During the year 1937 a number of States enacted new occupationaldisease legislation, while a few States passed amendatory laws. The
States of Delaware, Michigan, Pennsylvania, and Washington have
enacted new laws granting compensation for specified diseases, and
Indiana enacted a detailed act similar to that of Illinois. Nebraska
and Ohio enlarged the scope of their laws, the former State making
compensable occupational diseases contracted in the battery manu­
facturing industry, while the latter State added silicosis to the list of
diseases compensable under the workmen’s compensation law. The
State insurance fund of Oklahoma was empowered to insure persons,
etc., against loss by reason of “occupational disease suffered by em­
ployees, for which the insured may be liable or have assumed
liability.”
In the States adopting the schedule plan of compensating for occu­
pational diseases in 1937, Delaware included 12 specified diseases,
Michigan 31, Pennsylvania 15, and Washington 21. In addition to
the amendatory laws of Ohio and Wisconsin covering silicosis, this
disease was included in the Michigan and Pennsylvania acts. The
Michigan legislature also added the disease of pneumoconiosis caused
by quarrying, cutting, crushing, grinding, or polishing metal. The
new Pennsylvania act, in addition to the coverage of silicosis, includes
asbestosis received in any occupation involving a direct contact with,
the handling of, or exposure to asbestos dust, and establishes a spe­
cial fund to partially handle, over a 10-year period, the problem of
liability for the compensating of employees suffering from silicosis
or asbestosis. In order to receive compensation for these diseases it
must be shown that the disabled employee was employed in a silica
or asbestos dust industry within the State for an aggregate period
of 2 years during the 8 years next preceding the date of disability.
The act requires also that disability as a result of any of the
enumerated diseases must occur within 2 years after the last exposure
to such disease, and in cases resulting in death, within 5 years follow­
ing the disability from such disease. Other States have also estab­
lished limitations before compensation is payable. In Delaware the
disability must have commenced within 5 months after the exposure,
and in Indiana 1 year. In silica and asbestos dust cases, the Indiana
law provides that disablement must occur within 3 years after the
last day of the last exposure to the hazards of such diseases.
The Michigan law specifically provides that compensation shall not
be payable for partial disability due to silicosis or other dust diseases.
However, in cases of temporary or total disability caused by silicosis,
the act provides a payment of $500 if the disablement occurred dur­
ing the first month after the effective date of the act, $550 during the
second month, and an increase of $50 for each subsequent month,
2 6 8 4 8 °— 38-5
59




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OCCUPATIONAL-DISEASE LEGISLATION ENACTED IN

193 7

limited to $3,000. The disease must have been contracted in a con­
tinuous employment similar to the one the employee was engaged in
at the time of the disability, and within 12 months “previous to the
date of disablement whether under one or more employers.”
The Ohio amendatory act requires that the employee must have
been subjected to silica dust exposure at least 5 years preceding the
disablement.
As regards the diseases of silicosis and asbestosis, the new law in
Washington is broader and covers any industry “where intense dust
prevails.”
Hereafter, by the provisions of chapter 271, the State of New York
will include funeral expenses as a part of the compensation payable
in cases where death results from silicosis or other dust diseases.
The legislature in Ohio has made a requirement that hereafter
applications for compensation for occupational diseases must be made
within 6 months after death.
By a mandate of the Wisconsin legislature (ch. 180), the industrial
commission may now allow a maximum compensation of $3?500 in
silicosis cases, instead of 70 percent of the average annual earnings as
heretofore.
By an act of the 1937 legislature, Illinois has assured the payment
of compensation in occupational-disease cases by compelling the in­
surance of the risk.
In addition to the occupational-disease legislation enacted in 1937,
the States of Arkansas, Idaho, Maine, Massachusetts, Michigan, Mon­
tana, New Hampshire, and Oregon considered the subject in one
form or another. The Michigan legislature passed a law (Act No.
210) requiring that physicians and hospitals must report all occupa­
tional diseases to the State department of health. The legislatures
of the seven other States ordered the appointment of commissions
to study the subject, and in most cases to report their findings to the
next session of the legislatures with drafts of appropriate legislation.
The Arkansas State board of health was delegated as the agency to
conduct the survey in that State; in Idaho, the department of public
welfare; and in Massachusetts such agency is to be the department
of labor and industries in conjunction with the public health depart­
ment, while the States of Maine, Montana, New Hampshire, and
Oregon have appointed special commissions with a personnel ranging
from 3 to 9, composed of representatives of employers and employees,
medical specialists, and officials of labor and health departments.
Including the new laws passed in 1937, there are now 27 jurisdic­
tions compensating for occupational diseases:
California
Connecticut
District of Columbia
Delaware
Hawaii
Illinois
Indiana
Kentucky
Massachusetts
Michigan

Minnesota
Missouri
Nebraska
New Jersey
New York
North Carolina
North Dakota
Ohio
Pennsylvania
Philippine Islands

Puerto Bico
Rhode Island
Washington
W est Virginia
Wisconsin
United States—
Civil employees
Longshoremen and
harbor workers

The text of the new laws and the amendments to existing laws,
passed in 1937, are presented as follows:




OCCUPATIONAL-DISEASE LEGISLATION ENACTED IN

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61

DELAWARE
R E V ISE D CODE, 1935
S ection 6114 (as amended 1937, eh. 241). T erm s construed .— The term “injury"

and “personal injury” as used in this chapter shall be construed to mean
violence to the physical structure of the body, such disease or infection as
naturally results directly therefrom when reasonably treated and compensable
occupational diseases, as are hereinafter defined, arising out of and in the
course of the employment. When death is mentioned as a cause for compensa­
tion under this chapter, it shall mean death resulting from such violence, its
resultant effect when reasonably treated as aforesaid and occurring within
two hundred and eighty-five weeks after the accident, and compensable occupa­
tional diseases, as are hereinafter defined, arising out of and in the course of
the employment. When applicable in this chapter to compensable occupational
diseases the following words and phrases shall be construed to have the
following meanings:
Compensable occupational diseases shall not include any other than those
scheduled below and shall include those so scheduled only when the exposure
stated in connection therewith has occurred during the employment, and the
disability has commenced within five months after the termination of such
exposure:
occu patio nal

Anthrax
Lead poisoning
Mercury poisoning
Arsenic poisoning
Phosphorus poisoning
Benzene, and its homologues, and all
derivatives thereof

d iseases

Wood alcohol poisoning
Chrome poisoning
Caisson disease
Mesothorium or radium poisoning
Carbon disulphide
Hydrogen sulphide

W illful self-exposure to occupational disease shall include (1) failure or
omission to observe such rules and regulations as may be promulgated and
posted in the plant by the employer tending to the prevention of occupational
diseases, and (2) failure or omission to truthfully state to the best of the
employee’s knowledge, in answer to inquiry made by the employer, the location,
duration, and nature of previous employment of the employee in which he was
exposed to any occupational disease as herein listed.
The compensation payable for death or disability total in character and per­
manent in quality resulting from an occupational disease shall be the same in
amount and duration and shall be payable in the same manner and to the same
persons as would have been entitled thereto had the death or disability been
caused by an accident arising out of and in the course of the employment.
In determining the duration of temporary total and/or temporary partial
and/or permanent partial disability, and the duration of such payments for the
disabilities due to occupational diseases, the same rules and regulations as are
now applicable to accident or injury occurring under the act to which this act
is an amendment or supplement, shall apply.
Unless the employer during the continuance of the employment shall have
actual knowledge that the employee has contracted a compensable occupational
disease, or unless the employee or some one in his behalf, or some of his depend­
ents, or some one on their behalf, shall give the employer written notice or
claim that the employee has contracted one of said compensable occupational
diseases, which notice to be effective must be given within a period of five
months after the date when said employee shall have ceased to be subject to
exposure to such occupational disease, no compensation shall be payable on
account of the death or disability by occupational disease of such employee.
All claims for compensation for compensable occupational disease shall be
forever barred unless a petition is filed in duplicate with the secretary of the
Industrial Accident Board, within one year after date on which the employee
ceased to be exposed in the course of employment with the employer to such
occupational disease as hereinabove defined, or in case an agreement of com­
pensation for compensable occupational disease has been made between such
employer and such claimant, then within one year after the failure of the
employer to make payment pursuant to the terms of such agreement; or in
case a part of the compensation has been paid by such employer, then within
one year after the last payment of compensation.




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OCCUPATIONAL-DISEASE LEGISLATION ENACTED IN

1937

Whenever it shall appear that any disability from which any employee is
suffering following the contraction of a compensable occupational disease, is due
in part to such occupational disease and in part to a pre-existing disease or
infirmity, the Industrial Accident Board shall determine the proportion of such
disability which is reasonably attributable to the said occupational disease and
the proportion thereof which is reasonably attributable to the pre-existing
disease or infirmity, and such employee shall be entitled to compensation for
that proportion of his disability which is reasonably attributable solely to the
said occupational disease, and shall not be entitled to compensation for that
proportion of his disability which is reasonably attributable to the pre-existing
disease or infirmity.
S ec . 2. That chapter 175 of the Revised Code of Delaware, 1935, be and the
same is hereby, further amended by striking out and repealing paragraph (c)
of 6115, section 45 of said chapter.

ILLINOIS
ACTS OF 1937
(Page 563)
S. B. No. 482
[This act amends section 6 of act of 1936 (H . B. No. 10, third special session),1
so as to read as follow s:]
S e c t io n 6. DefiniUon o f occupational disease. — In this act the term “occu­
pational disease’’ means a disease arising out of and in the course of the em­
ployment. Ordinary diseases of life to which the general public is exposed
outside of the employment shall not be compensable, except where the said
diseases follow as an incident of an occupational disease as defined in this
section.
A disease shall be deemed to arise out of the employment only if there is ap­
parent to the rational mind upon consideration of all the circumstances, a
direct causal connection between the conditions under which the work is per­
formed and the occupational disease, and which can be seen to have followed
as a natural incident of the work as a result of the exposure occasioned by
the nature of the employment and which can be fairly traced to the employ­
ment as the proximate cause, and which does not come from a hazard to which
workmen would have been equally exposed outside of the employment. The
disease must be incidental to the character of the business and not independent of
the relation of employer and employee. The disease need not to have been
foreseen or expected but after its contraction it must appear to have had its
origin in a risk connected with the employment and to have flowed from that
source as a rational consequence.

IN D IA N A
ACTS OF 1937
C h a p t e r 69
S ect io n 1 . Title.— Be it enacted by the general assembly of the State of
Indiana, that this act shall be known and may be cited as “The Indiana
Workmen’s Occupational Diseases Act.”
Sec. 2. L ia bility o f em ployer. — There shall be no liability of any employer
for compensation or damages for or on account of any injury to health, disease,
or death therefrom, other than for the compensation herein provided, or for
damages as provided in section 3 of this act. The provisions of this act shall
not affect any right to compensation under “The Indiana Workmen’s Compensa­
tion Act of 1929,” and amendments thereto.
Sec. 3. R igh ts o f em p lo y e e s ; lim itation o f actions.— (a) Where an employee
in this State dies or sustains injury to health, by reason of a disease contracted
or sustained in the course of the employment, and proximately caused by the
negligence of the employer, unless such employer shall have elected to provide
1 See p. 9, infra.




OCCUPATIONAL-DISEASE LEGISLATION ENACTED IN

1937

63

and pay compensation as provided in section 4 of this act, a right of action shall
accrue to the employee whose health has been so injured for any damages sus­
tained thereby; and in case of death, a right of action shall accrue to the widow
of such deceased person, his lineal heirs or adopted children, or to any person
or persons who were, before such loss of life, dependent for support upon such
deceased person, for a like recovery of damages for the injury sustained by
reason of such death, in an amount not to exceed the sum of ten thousand
dollars. Any violation by any employer of any law of this State, intended for
the protection of the health of employees, shall be and constitute negligence
of the employer within the meaning of this section. Every such action for
damages for injury to the health shall be commenced within two years after
the last day of the last exposure to the hazards of the disease and every such
action for damages in case of death shall be commenced within one year after
the death of such employee and within three years after the last day of the last
exposure to the hazards of the disease. In any action to recover damages under
the provisions of this section, unless the employee shall have rejected the com­
pensation provisions of this act, it shall not be a defense that the employee, either
expressly or impliedly, assumed the risk of the employment, or that the con­
traction or sustaining of the disease or death was caused in whole or in part
by the negligence of a fellow servant or fellow servants, or that the contraction
or sustaining of the disease or death resulting was caused in whole or in part
by the contributory negligence of the employee, where such contributory
negligence was not wilful.
(b) Every employee who elects not to operate under the compensation provi­
sions of this act shall, in any action to recover damages for injury to health
or death therefrom brought against an employer who has elected to provide
and pay compensation under the provisions of this act, proceed as provided in
subsection (a ) of this section; provided, however, that the employer may avail
himself of the defenses of contributory negligence, negligence of a fellow servant
and assumption of risk.
S ec . 4. Election b y em ployer. — (a) Any employer in this State may elect to
provide and pay compensation according to the provisions of this act, for dis­
ability or death resulting from occupational diseases, and such election, when
effective, shall apply to all cases in which the last day of the last exposure,
as defined in this act, to the hazards of the occupational disease claimed upon
shall have occurred on or after the effective date of such election, and shall
relieve such employer of all liability under section 3 of this act, and all other
liability with respect to injury to health or death therefrom by reason of any
disease contracted or sustained in the course of the employment.
(b) Election by any employer, pursuant to the provisions of subsection (a)
of this section, shall be made by filing notice in writing of such election with
the industrial board.
Such employer shall either furnish to his employees
personally or post in a conspicuous place in the place of employment, a copy of
such notice of his election.
(c) Every employer who shall have elected, pursuant to the provisions of
subsections (a) and (b) of this section, to provide and pay compensation shall,
from and after the effective date of such election, be, remain, and operate
under all of the provisions of this act, except section 3 hereof, with respect to
all his employees, except those who shall have rejected, in due time, as provided in
subsection (d) of this section. On October 1, 1937, and on each October first
for four years thereafter, any employer who shall have elected pursuant to
the provisions of subsections (a) and (b) of this section to provide and pay com­
pensation under the provisions of this act, may elect not to provide and pay
compensation under the provisions of this act by filing notice in writing of such
election not to provide and pay compensation under the provisions of this
act with the industrial board, at least sixty days prior to the October first
upon which such election is to be effective, and by either giving to his em-<
ployees, personally, or posting in a conspicuous place in the place of employment,
a copy of such notice of such election not to provide and pay compensation
at least sixty days prior to such October first; and such election not to pro­
vide and pay compensation shall apply to all cases in which the last day of
the last exposure, as defined in this act, to the hazards of the disease claimed
upon shall have occurred on or after the October first on which such election
shall have become effective. Any employer having elected, pursuant to the
provisions of this subsection, not to provide and pay compensation, may, at
any time thereafter, again elect, pursuant to the provisions of subsections (a)
and (b) of this section to provide and pay compensation, but having thus




64

OCCUPATIONAL-DISEASE LEGISLATION ENACTED IN

1937

elected for the second time to provide and pay compensation, such employer
shall, from and after the effective date of such last election, be, remain, and
operate under all of the provisions of this act, except section 3 hereof, with
respect to all employees, except those who have rejected in due time, as
provided in subsection (3) [d] of this section, and such employer may not
again withdraw.
(d) If any employer elects, pursuant to the provisions of subsections (a )
and (b) of this section, then every employee of such employer, who may be
employed at the time of such election by such employer, shall be deemed to
have accepted all of the compensation provisions of this act and shall be bound
thereby unless, within thirty days after such election, he shall file a notice in
writing to the contrary with the industrial board, whose duty it shall be im­
mediately to notify the employer, and until such notice is given to the employer,
the measure of liability of such employer shall be determined according to the
compensation provisions of this act; and every employee of such employer,
hired after such employer’s election, as a part of his contract of hiring, shall
be deemed to have accepted all of the compensation provisions of this act,
and shall have no right of rejection.
(e) The compensation herein provided for shall be the full, complete, and
only measure of the liability of the employer bound by election under the
provisions of this act and such employer’s liability for compensation and
medical benefits under the provisions of this act shall be exclusive and in
place of any and all other civil liability whatsoever, at common law or other­
wise, to any employee or his legal representative on account of damage, dis­
ability or death caused or contributed to by any disease contracted or sustained
in the course of the employment.
S ec . 5. D efinitions .— As used in this act:
(a) “Employer” shall include the State and any political division, any mu­
nicipal corporation within the State, any individual, firm, association, or cor­
poration or the receiver or trustee of the same, or the legal representatives
of a deceased person, using the services of another for pay. If the employer
is insured it shall include his insurer so far as applicable.
(b) The term “employee,” as used in this act, shall be construed to include
every person, including a minor, in the service of another, under any contract
of hire or apprenticeship, written or implied, except one whose employment is
both casual and not in the usual course of the trade, business, occupation, or
profession of the employer. Except as herein otherwise provided, all such
minor employees are hereby made of full age for all purposes, under, in con­
nection with, or arising out of this act. Any reference to an employee who has
suffered disablement shall, when the employee is dead, also include his legal
representative, dependents, and other persons to whom compensation may be
payable. Except as hereinafter otherwise provided, if the employee be a minor
who, at the time of the last exposure, is employed, required, suffered, or per­
mitted to work in violation of any of the provisions of any of the child-labor
laws of this State, the amount of compensation and death benefits, as provided
in this act, shall be double the amount which would otherwise be recoverable.
The insurance carrier shall be liable on its policy for one-half of the com­
pensation or benefits that may be payable on account of the disability or death
of such minor, and the employer shall be wholly liable for the other one-half
of such compensation or benefits. I f such employee be a minor who is not less
than sixteen years and not more than eighteen years of age, and who at the
time of the last exposure is employed, suffered, or permitted to work at any
occupation which is not prohibited by law, the provisions of this act prescribing
double the amount otherwise recoverable shall not apply. The rights and
remedies herein granted to a minor subject to this act on account of disease
shall exclude all rights and remedies of such minor, his parents, his personal
representatives, dependents, or next of kin at common law, statutory or other­
wise, on account of any disease.
(c) This act shall not apply to casual laborers as defined in subsection (b)
of this section, nor to farm or agricultural employees, nor to domestic servants,
nor to railroad employees engaged in train service as engineers, firemen, con­
ductors, brakemen, flagmen, baggagemen, or foremen in charge of yard engines
and helpers assigned thereto, nor to their employers with respect to such
employees; neither shall this act apply to employees or their employers with
respect to employments in which the laws of the United States provide for
compensation or liability for injury to the health, disability, or death by reason
of diseases suffered by such employees.




OCCUPATIONAL-DISEASE LEGISLATION ENACTED IN

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65

(d) The term “disablement” means the event of becoming disabled from
earning full wages at the work in which the employee was engaged when last
exposed to the hazards of the occupational disease by the employer from whom
he claims compensation, or equal wages in other suitable employment and
“disability” means the state of being so incapacitated.
(e) No compensation shall be payable for or on account of any occupational
disease unless disablement, as herein defined, occurs within one year after the
last day of the last exposure to the hazards of the disease, except in cases
of occupational diseases caused by the inhalation of silica dust or asbestos dust
and, in such cases, within 3 years after the last day of the last exposure to
the hazards of such disease.
( f ) No compensation shall be payable for or on account of death resulting from
any occupational disease unless death occurs within 1 year after the date of
disablement: P r o v id e d , That this paragraph shall not be a bar to compensation
for death (a) where death occurs during the pendency of a claim filed by an
employee within 1 year after the date of disablement and which claim has not
resulted in a decision or has resulted in a decision which is in process of review
or appeal, or (b) where, by agreement filed or decision rendered, a compensable
period of disability has been fixed and death occurs within 1 year after the
end of such fixed period, but in no event later than 300 weeks after the date of
disablement.
S eo . 6. D e fin itio n o f o ccu p a tio n a l d isea se. — ( a ) As used in this act, the term
“occupational disease” means a disease arising out of and in the course of the
employment. Ordinary diseases of life to which the general public is exposed
outside of the employment shall not be compensable, except where such diseases
follow as an incident of an occupational disease as defined in this section.
(b) A disease shall be deemed to arise out of the employment, only if there
is apparent to the rational mind, upon consideration of all of the circumstances,
a direct causal connection between the conditions under which the work is
performed and the occupational disease, and which can be seen to have followed
as a natural incident of the work as a result of the exposure occasioned by the
nature of the employment and which can be fairly traced to the employment as
the proximate cause, and which does not come from a hazard to which work­
men would have been equally exposed outside of the employment. The disease
must be incidental to the character of the business and not independent of the
relation of employer and employee. The disease need not have been foreseen or
expected but after its contraction it must appear to have had its origin in a
risk connected with the employment and to have flowed from that source as a
rational consequence.
S e c . 7. C o m p e n sa tio n p a y a b le in c a se o f d ea th . — (a ) For death resulting from
an occupational disease, there shall be paid weekly compensation equal to fiftyfive percent of the deceased’s average weekly wages for a period of three hundred
weeks, less the number of weeks, if any, which shall have been paid to the
deceased on account of the occupational disease during his lifetime.
Such
compensation for death shall be paid in equal shares to all dependents of the
employee wholly dependent upon him for support at the time of his disablement
If the employee leaves dependents only partially dependent upon his earnings
for support at the time of his disablement, the weekly compensation to those
so dependent shall be in the same proportion to the weekly compensation of
persons wholly dependent as the average amount contributed weekly by the
deceased to such partial dependent bears to his average weekly wages at the
time of the disablement.
(b) The following persons shall be conclusively presumed to be wholly
dependent for support upon a deceased employee:
(1) A wife upon a husband with whom she is living at the time of his
disablement, or upon whom the laws of the State impose the obligation of her
support at such time.
(2) A husband, who is both physically and financially incapable of selfsupport, upon his wife with whom he is living at the time of her disablement.
(3) A child under the age of eighteen years upon the parent with whom
he or she is living at the time of the disablement of such parent.
(4) A child under the age of eighteen years upon the parent with whom
he or she may not be living at the time of the disablement of such parent,
but upon whom, at such time, the laws of the State impose the obligation to
support such child.
(5) A child over the age of eighteen years who is either physically or men­
tally incapacitated from earning his or her own support, upon a parent with




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whom he or she is living at the time of the disablement of such parent, or
upon whom the laws of the State at such time impose the obligation of the
support of such child.
As used in this section, the term “child” shall include stepchildren, legally
adopted children, posthumous children, and acknowledged illegitimate children,
but shall not include married children; the term “parent” shall include step­
parents and parents by adoption.
In all other cases, questions of total dependency shall be determined in ac­
cordance with the fact, as the fact may be at the time of the disablement and
questions of partial dependency shall be determined in like manner as of the
date of the disablement. If there is more than one person wholly dependent,
the death benefit shall be divided equally among them; and persons partially
dependent shall receive no part thereof.
If there is no one wholly dependent and more than one person partially de­
pendent, the death benefit shall be divided among the partial dependents
according to the relative extent of the dependency.
The dependency of a widow, widower, or child, shall terminate with his or
her marriage subsequent to the death of the employee.
The dependency of a child, except a child physically or mentally incapaci­
tated from earning, shall terminate with the attainment of eighteen years
of age.
(c)
In all cases of the death of an employee from an occupational disease
arising out of and in the course of his employment under such circumstances
that the employee would have been entitled to compensation if the death had
not resulted, the employer shall pay the burial expenses of such employee, not
exceeding one hundred dollars.
S ec . 8. Com pensation payable in case o f disability.— (a ) No compensation
shall be allowed on account of disablements from occupational disease resulting
in only temporary total disability to work or temporary partial disability to work
for the first seven calendar days of disability resulting from such occupational
disease except the medical benefits provided for in section 9, but if disability
extends beyond that period, compensation shall commence with the beginning
of the eighth day of such disability.
(b) For disablements from occupational disease resulting in temporary total
disability for any work there shall be paid to the disabled employee during
such temporary total disability, but not including the first seven calendar days
thereof, a weekly compensation equal to fifty-five percent of his average weekly
wages for a period not to exceed five hundred weeks.
(c) For disablements from occupational disease resulting in temporary partial
disability for work, compensation shall be paid to the disabled employee during
such disability, but not including the first seven calendar days, a weekly com­
pensation equal to fifty-five percent of the difference between his average weekly
wages and the weekly wages at which he is actually employed after the dis­
ablement, for a period not to exceed three hundred weeks. In case the partial
disability [begins] after the period of temporary total disability, the latter
period shall be included as a part of the maximum period allowed for partial
disability.
(d) For disabilities from occupational disease in the following schedule, the
employee shall receive in lieu of all other compensation, on account of such
disabilities, a weekly compensation of fifty-five percent of his average weekly
wages for the periods stated for such disabilities, respectively, to w it :
(1) Amputations: For the loss by separation, of the thumb, sixty weeks;
of the index finger, forty w eeks; of the second finger, thirty-five weeks; of the
third or ring finger, thirty w eeks; of the fourth or little finger, twenty w eeks;
of the hand by separation below the elbow, two hundred weeks; of the arm
above the elbow joint, two hundred and fifty w eeks; of the big toe, sixty w eeks;
of the second toe, thirty weeks; of the third toe, twenty weeks; of the fourth
toe, fifteen w eeks; of the fifth or little toe, ten weeks; of the foot below the knee
joint, one hundred and fifty weeks; and of the leg above the knee joint, two hun­
dred weeks. The loss of more than one phalange of a thumb or toe shall
be considered as the loss of the entire thumb or toe. The loss of more than
two phalanges of a finger shall be considered as the loss of the entire finger.
The loss of not more than one phalange of a thumb or toe shall be considered as
the loss of one-half of the thumb or toe and compensation shall be paid for onehalf of the period for the loss of the entire thumb or toe. The loss of not more
than two phalanges of a finger shall be considered as the loss of one-half the
finger and compensation shall be paid for one-half of the period for the loss
of the entire finger.




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(2) Loss of use: The total permanent loss of the use of an arm, hand, thumb,
finger, leg, foot, toe, or phalange shall be considered as the equivalent of the loss
by separation of the arm, hand, thumb, finger, leg, foot, toe, or phalange and the
compensation shall be paid for the same period as for the loss thereof by
separation.
(3) Partial loss of use: For the permanent partial loss of the use of an arm,
hand, thumb, finger, leg, foot, toe, or phalange, compensation shall be paid for
the proportionate loss of the use of such arm, hand, thumb, finger, leg, foot, toe,
or phalange.
x
(4) For disablements from occupational disease resulting in total permanent
disability, five hundred weeks.
(5) For the loss of both hands, or both feet or the sight of both eyes, or any
two of such losses resulting from the same disablement by occupational disease,
five hundred weeks.
(6) For the permanent loss of the sight of an eye or its reduction to onetenth of normal vision with glasses, one hundred and fifty weeks, and for any
other permanent reduction of the sight of an eye, compensation shall be paid for
a period proportionate to the degree of such permanent reduction.
(7) For the permanent and complete loss of hearing, two hundred weeks.
(8) In all other cases of permanent partial impairment, compensation pro­
portionate to the degree of such permanent partial impairment, in the discretion
of the industrial board, not exceeding five hundred weeks.
(9) In all cases of permanent disfigurement, which may impair the future use­
fulness or opportunities of the employee, compensation in the discretion of the
industrial board, not exceeding two hundred weeks, except that no compensa­
tion shall be payable under this paragraph where compensation shall be payable
under paragraphs (1) to (8 ), inclusive, of subsection (d) of this section. Where
compensation for temporary total disability has been paid, this amount of com­
pensation shall be deducted from any compensation due for permanent
disfigurement.
(e) If any employee, only partially disabled, refuses employment suitable to his
capacity procured for him, he shall not be entitled to any compensation at any
time during the continuance of such refusal unless, in the opinion of the
industrial board, such refusal was justifiable.
(f) If an employee has sustained a permanent impairment or disability in
another employment than that in which he suffered a subsequent disability
from occupational disease, such as herein specified, he shall be entitled to
compensation for the subsequent disability in the same amount as if the previous
impairment or disability had not occurred.
(g) If an employee suffers a disablement from occupational disease for which
compensation is payable while he is still receiving or entitled to compensation
for a previous injury by accident or disability by occupational disease in the
same employment, he shall not at the same time be entitled to compensation for
both, unless it be for a permanent injury, such as specified in paragraphs (1 ),
(2 ), (3 ), (6 ), or (7) of subsection (d) of this section; but he shall be entitled
to compensation for that disability and from the time of that disability which
will cover the longest period and the largest amount payable under this act.
(h) I f an employee receives a permanent disability from occupational disease
such as specified in paragraphs (1 ), (2 ), (3 ), (6 ), or (7) of subsection (d) of
this section, after having sustained another such permanent disability in the
same employment he shall be entitled to compensation for both such disabilities,
but the total compensation shall be paid by extending the period and not by
increasing the amount of weekly compensation.
When such previous and subsequent permanent disabilities result in total
permanent disability, compensation shall be payable for permanent total dis­
ability, but payments made for the previous disability shall be deducted from
the total payment of compensation due.
(i) When an employee has been awarded or is entitled to an award of com­
pensation for a definite period under this act for disability from occupational
disease, and dies from any other cause than such occupational disease, pay­
ment of the unpaid balance of such compensation, not exceeding three hundred
weeks, shall be made to his dependents as defined in section 7 hereof.
(j) Any payment made by the employer to the employee during the period of
his disability, or to his dependents, which, by the terms of this act, were not
due and payable when made, may, subject to the approval of the industrial
board, bg deducted from the amount to be paid as compensation, but such de­
duction shall be made from the distal end of the period during which compen­
sation must be paid, except in cases of temporary disability.




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(k) When so provided in the compensation agreement or in the award of
the industrial board, compensation may be paid semimonthly, or monthly, instead
of weekly.
(l) When the aggregate payments of compensation awarded by agreement or
upon hearing to an employee or dependent under eighteen years of age, do not
exceed one hundred dollars, the payment thereof may be made directly to such
employee or dependent, except when the industrial board shall order otherwise.
Whenever the aggregate payments of compensation, due to any person under
eighteen years of age, exceed one hundred dollars, the payment thereof shall
be made to a trustee, appointed by the circuit or superior court, or to a duly
qualified guardian, or, upon the order of the industrial board, to a parent or to
such minor person. The payment of compensation due to any person eighteen
years of age or over may be made directly to such person.
(m ) I f an employee, or a dependent, is mentally incompetent, or a minor at the
time when any right or privilege accrues to him under this act, his guardian
or trustee may, in his behalf, claim and exercise such right or privilege.
(n) All compensation payments named and provided for in this section shall
mean and be defined to be for only such occupational diseases and disabilities
therefrom as are proven by competent evidence, of which there are or have
been objective conditions or symptoms proven, not within the physical or mental
control of the employee himself.
Sec. 9. M edical and hospital services .— (a) During the first thirty days after
a disablement, the employer shall furnish, or cause to be furnished, free of charge
to the disabled employee, an attending physician, for the treatment of his oc­
cupational disease, and, in addition thereto, such surgical, hospital, and nurse's
services and supplies as the attending physician or the industrial board may
deem necessary.
And during the whole or any part of the remainder of the period of disability
or impairment resulting from the occupational disease, the employer may con­
tinue to furnish such physician, services, and supplies. If, by reason of the
nature of the occupational disease, or the process of recovery, treatment is neces­
sary for a longer period than thirty days, the industrial board may require
the employer to furnish such treatment for an additional period, not exceeding
thirty days. The refusal of the employee to accept such services and supplies,
when so provided by the employer, shall bar the employee from all compensation
during the period of such refusal.
If, in an emergency, or because of the employer’s failure to provide such
attending physician or such surgical, hospital, or nurse’s services and supplies,
as herein specified, a physician other than that provided by the employer treats
the injured employee within the first thirty days, or necessary and proper
surgical, hospital, or nurse’s services and supplies are procured within such
period, the reasonable cost of such service and supplies shall, subject to the
approval of the industrial board, be paid by the employer.
(b)
The pecuniary liability of the employer for medical, surgical, hospital,
and nurse service herein required shall be limited to such charges as prevail
in the same community for similar service to injured persons of like standard
of living when such service is paid for by the injured person.
Sec. 10. L um p sum pa ym en ts. — (a ) Any employer or employee or beneficiary
who shall desire to have such compensation, or any unpaid part thereof, paid
in a lump sum, may petition the industrial board, asking that such compensa­
tion be so paid, and if, upon proper notice to the interested parties, and a proper
showing made before the industrial board, or any member thereof, it appears
to the best interest of the parties that such compensation be so paid, the indus­
trial board may order the commutation of the compensation to an equivalent
lump sum, which commutation shall be an amount which will equal the total
sum of the probable future payments capitalized at their present value upon
the basis of interest calculated at three per centum per annum with annual
rests. In cases indicating complete disability, no petition for a commutation
to a lump-sum basis shall be entertained by the industrial board until after the
expiration of six months from the date of the disablement.
(b)
Whenever the industrial board deems it expedient, any lump-sum under
this section shall be paid by the employer to some suitable person or corpora­
tion appointed by the circuit or superior court, as trustee, to administer the
same for the benefit of the person entitled thereto, in the manner authorized
by the court appointing such trustee. The receipt of such trustee for the
amount so paid shall discharge the employer or anyone else who is liabl^ therefor.




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69

S ec. 11. B a sis o f com putation.— (a ) In computing compensation under this
act, the average weekly wages of an employee shall be considered not to be
more than thirty dollars nor less than sixteen dollars. The weekly compensa­
tion payable shall in no case exceed the average weekly wages of the employee
at the time of the last exposure to the hazards of the occupation [occupational]
disease in the employ of the employer from whom compensation is claimed.
The maximum compensation which shall be paid for occupational disease and
the results thereof, under any provision of this act or under any combination
of its provisions shall not exceed five thousand dollars in any case.
(b)
“Average weekly wages” shall mean the earnings of the injured employee
in the employment in which he was working at the time of the last exposure
during the period of fifty-two weeks immediately preceding the last day of the
last exposure divided by fifty-two; but if the employee lost seven or more
calendar days during such period, although not in the same week, then the
earnings for the remainder of such fifty-two weeks shall be divided by the
number of weeks and parts thereof remaining after the time so lost has been
deducted. Where the employment prior to the last day of the last exposure
extended over a period of less than fifty-two weeks, the method of dividing
the earnings during that period by the number of weeks and parts thereof
during which the employee earned wages shall be followed, provided results
just and fair to both parties will thereby be obtained. Where, by reason of
the shortness of the time during which the employee has been in the employ­
ment of his employer or of the casual nature or terms of the employment, it is
impracticable to compute the average weekly wages, as above defined, regard
shall be had to the average weekly amount which, during the fifty-two weeks
previous to the last day of the last exposure, was being earned by a person in
the same grade employed at the same work by the same employer, or if there
is no person so employed, by a person in the same grade employed in that
same class of employment in the same district.
Wherever allowances of any character made to an employee in lieu of
wages are a specified part of the wage contract, they shall be deemed a part of
his earnings.
S ec . 12. A u topsies authorized.— (a ) Any dependent, the employer, or the
industrial board, shall have the right in any case of death to require an
autopsy at the expense of the party requiring the same. The board shall order
such autopsy, and shall designate a competent pathologist to perform the
same, and shall give the parties in interest such reasonable notice of the time
and place thereof as will afford a reasonable opportunity to witness such
autopsy in person or by a representative. It shall be the duty of such patholo­
gist to perform such autopsy as, in his best judgment, is required to ascertain
the cause of death. Such pathologist shall make a complete written report of
all his findings to the industrial board, including laboratory results described
as such, if any. The report of the pathologist shall contain his findings on
such post-mortem examination and the report shall not contain any conclusion
of the pathologist based upon the findings so reported. The report shall be
placed on file with the industrial board, and shall be a public record. The
report, or a certified copy thereof, may be introduced by either party on any
hearing as evidence of the findings therein stated, but shall not be conclusive
evidence of such findings, and either party may rebut any part thereof.
(b)
No autopsy shall be held in any case, by any person, without notice first
being given to the parties in interest, if they reside in this State or their where­
abouts can reasonably be ascertained, of the time and place thereof, and
reasonable time and opportunity given such parties in interest to have a repre­
sentative or representatives present to witness the same. I f such notice is not
given, all evidence obtained by such autopsy shall be suppressed on motion duly
made to the industrial board.
S e c . 13. M edical exam inations .— After disablement and during the period of
resulting disability or impairment, the employee, if so requested by his employer,
or ordered by the industrial board, shall submit himself to examination, at
reasonable times and places, by a duly qualified physician or surgeon designated
and paid by the employer or the industrial board. The employee shall have the
right to have present at any such examination any duly qualified physician or
surgeon provided and paid by him. No fact communicated to, or otherwise
learned by any physician or surgeon who may have attended or examined the
employee, or who may have been present at any examination, shall be privileged
in the hearings provided for in this act. I f the employee refuses to submit




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himself to or in any way obstructs such examination, his right to compensation
and his right to take or prosecute any proceeding under this act shall be sus­
pended until such refusal or obstruction ceases, and no compensation shall at
any time be payable for the period of suspension unless in the opinion of the
industrial board the circumstances justify the refusal or obstruction.
S ec . 14. C o m p e n s a tio n ; w h e n d en ied . — (a) No compensation shall be payable
under the provisions of this act for any condition of physical or mental ill-being,
disability, disablement, or death for which compensation is recoverable on
account of accidental injury under “The Indiana Workmen’s Compensation Act
of 1929” and amendments thereto.
(b)
No compensation shall be allowed for any disease or death intentionally
self-inflicted by the employee, or due to his intoxication, his commission of a
felony or misdemeanor, his wilful failure or refusal to use a safety appliance,
his wilful failure or refusal to obey a reasonable written or printed rule of the
employer which has been posted in a conspicuous position in the place of work,
or his wilful failure or refusal to perform any statutory duty. The burden of
proof shall be on the defendant.
S ec . 15. In d u s tr ia l h o a r d ; tr a v e l e x p e n s e s a n d offices. — (a) The members of
the board and its assistants shall be entitled to receive from the State their
actual and necessary expenses while traveling on the business of the board, but
such expenses shall be sworn to by the person who incurred the same, and shall
be approved by the chairman of the board before payment is made.
All expenses of the board in connection with this act shall be audited and
paid out of the State treasury in the manner prescribed for similar expenses in
other departments or branches of the State service.
(b) The board shall be provided with adequate offices in the capitol or some
other suitable building in the city of Indianapolis in which the records shall be
kept and its official business be transacted during regular business hours; it
shall also be provided with necessary office furniture, stationery, and other
supplies.
The board, or any member thereof, may hold sessions at any place within the
State as may be deemed necessary.
S e c . 16. S a m e ; ju r is d ic tio n and d u tie s . — The industrial board shall have juris­
diction over the operation and administration of the compensation provisions of
this act, and the board shall perform all of the duties imposed upon it by the
provisions of this act, and such further duties as may hereafter be imposed by
law and the rules of the industrial board not inconsistent therewith.
S e c . 17. S a m e ; r u le s , p r o c e d u r e , w i t n e s s e s , and f e e s . — (a) The board may
make rules, not inconsistent with this act, for carrying out the provisions hereof.
Processes and procedure under this act shall be as summary and simple as
reasonably may be. The board, or any member thereof, shall have the power,
for the purpose of this act, to subpoena witnesses, administer or cause to have
administered oaths, and to examine or cause to have examined such parts of the
books and records of the parties to a proceeding as relate to questions in dispute.
The county sheriff shall serve all subpoenas of the board, and shall receive the
same fees as now provided by law for like service in civil actions; each witness
who appears in obedience to such subpoena of the board shall receive for
attendance the fees and mileage for witnesses in civil cases in the courts.
The circuit or superior court shall, on application of the board, or any mem­
ber thereof, enforce by proper proceedings the attendance and testimony of
witnesses and the production and examination of books, papers, and records.
(b) The fees of attorneys and physicians and charges of nurses and hospitals
for services under this act shall be subject to the approval of the industrial
board. When any claimant for compensation is represented by an attorney in
the prosecution of his claim, the industrial board shall fix and state in the
award, if compensation be awarded, the amount of the claimant’s attorney’s
fees. The fee so fixed shall be binding upon both the claimant and his attorney,
and the employer shall pay to the attorney, out of the award, the fee so fixed, and
the receipt of the attorney therefor shall fully acquit the employer for an equal
portion of the award. The industrial board may withhold the approval of the
fees of the attending physician in any case until he shall file a report with the
industrial board on the form prescribed by such board.
S e c . 18. S a m e ; “b lank fo r m s and lite r a tu r e . — The board shall prepare and cause
to be printed, and upon request furnish free of charge to any employer or
employee, such blank forms and literature as it shall deem requisite to facilitate
or promote the efficient administration of this act. The reports of occupational
diseases and reports of attending physicians shall be the private records of the




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board, which shall be open to the inspection of the employer, the employee, and
their legal representatives, but not to the public unless, in the opinion of the
board, the public interest shall so require.
S e c . 19. S a m e ; settlem en t of disputes .— All disputes arising under this act,
except section 3 hereof, if not settled by the agreement of the parties interested
therein, with the approval of the board, shall be determined by the board.
S ec . 20. D isp u te s ; h ea rin g s; awards .— (a) I f the employer and the employee
or his dependents disagree in regard to the compensation payable under this act,
or, if they have reached such an agreement, which has been signed by them, filed
with and approved by the industrial board, and afterward disagree as to the
continuance of payments under such agreement, or as to the period for which
payments shall be made, or as to the amount to be paid, because of a change in
conditions since the making of such agreement, either party [may] then make
an application, to the industrial board, for the determination of the matters in
dispute. When compensation which is payable in accordance with an award
or by agreement approved by the industrial board is ordered paid in a lump
sum by the board, no review shall be had as in this paragraph mentioned.
(b) The application making claim for compensation filed with the industrial
board shall state:
(1) The approximate date of the last day of the last exposure and the
approximate date of the disablement.
(2) The general nature and character of the illness or disease claimed.
(3) The name and address of the employer by whom employed on the last
day of the last exposure, and if employed by any other employer after such
last exposure and before disablement the name and address of such other
employer or employers.
(4) In case of death, the date and place of death.
(5) Amendments to applications making claim for compensation which relate
to the same disablement or disablement resulting in death originally claimed
upon may be allowed by the industrial board in its discretion, and, in the
exercise of such discretion, it may, in proper cases, order a trial de novo; such
amendment shall relate back to the date of the filing of the original application
so amended.
(c) Upon the filing of such application, the board shall set the date of
hearing, which shall be as early as practicable and shall notify the parties, in
the manner prescribed by the board, of the time and place of hearing. The
hearing of all claims for compensation, on account of occupational disease,
shall be held in the county in which the last exposure occurred, except when
the parties consent to a hearing elsewhere.
(d) The board by any or all of its members shall bear the parties at issue,
their representatives and witnesses, and shall determine the dispute in a
summary manner. The award shall be filed with the record of proceedings,
and a copy thereof shall immediately be sent by registered mail to each of the
parties in dispute.
(e) I f an application for review is made to the board within seven days
after receiving a copy of an award, made by less than all the members, the
full board, if the first hearing was not held before the full board, shall review
the evidence, or, if deemed advisable, hear the parties at issue, their representa­
tives and witnesses as soon as practicable, and shall make an award and file
the same with the finding of the facts on which it is based and send a copy
thereof to each of the parties in dispute, in like manner as specified in the
last foregoing section.
(f) An award of the board, by less than all of the members as provided in
this section, if not reviewed, as provided in this section, shall be final and
conclusive.
An award by the full board shall be conclusive and binding unless either
party to the dispute, within thirty days after receiving a copy of such award,
appeals to the appellate court under the same terms and conditions as govern
appeals in ordinary civil actions, and the appellate court shall have jurisdiction
to review all questions of law and of fact.
The board of its own motion, may certify questions of law to the appellate
court for its decision and determination.
An assignment of errors that the award of the full board is contrary to
law shall be sufficient to present both the sufficiency of the facts found to
sustain the award and the sufficiency of the evidence to sustain the finding
of facts.




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All such appeals and certified questions of law shall be submitted upon the
date filed in the appellate court, shall be advanced upon the docket of the court,
and shall be determined at the earliest practicable date, without any extensions
of time for filing briefs.
An award of the full board affirmed on appeal, by the employer, shall be
increased thereby five percent, and by order of the court may be increased ten
percent.
(g) Any party in interest may file in the circuit or superior court of the
county in which the occupational disease or disability occurred, a certified copy
of the memorandum of agreement, approved by the board, or of an order or
decision of the board, or of an award of the full board unappealed from, or of
an award of the full board affirmed upon an appeal, whereupon the court shall
render judgment in accordance therewith and notify the parties. Such judg­
ment shall have the same effect and all proceedings in relation thereto shall
thereafter be the same as though such judgment has been rendered in a suit
duly heard and determined by the court.
Any such judgment of such circuit or superior court, unappealed from or
affirmed on appeal or modified in obedience to the mandate of the appellate
court, shall be modified to conform to any decision of the industrial board, end­
ing, diminishing, or increasing any weekly payment under the provisions of
subsection (i) of this section, upon the presentation to it of a certified copy of
such decision.
(h) In all proceedings before the industrial board, or in a court under the
compensation provisions of this act, the costs shall be awarded and taxed as
provided by law in ordinary civil actions in the circuit court.
(i) The power and jurisdiction of the industrial board over each case shall
be continuing and, from time to time, it may, upon its own motion, or upon the
application of either party, on account of a change in conditions, make such
modification or change in the award, ending, lessening, continuing, or extending
the payments previously awarded, either by agreement or upon hearing, as it
may deem just, subject to the maximum and minimum provided for in this a c t
When compensation which is payable in accordance with an award or settlement
contract approved by the industrial commission, is ordered paid in a lump sum by
the commission, no review shall be had as in this paragraph mentioned.
Upon making any such change, the board shall immediately send to each of
the parties a copy of the modified award. No such modification shall affect the
previous award as to any money paid thereunder.
The board shall not make any such modification upon its own motion, nor
shall any application therefor be filed by either party after the expiration of
one year from the termination of the compensation period fixed in the original
award, made either by agreement or upon hearing. The board may, at any
time, correct any clerical error or mistake of fact in any finding or award.
(j) The board or any member thereof may, upon the application of either
party, or upon its own motion, appoint a disinterested and duly qualified
physician or surgeon to make any necessary medical examination of the em­
ployee and to testify in respect thereto. Such physician or surgeon shall be
allowed traveling expenses and a reasonable fee, to be fixed by the board, not
exceeding ten dollars for each examination and report, but the board may allow
additional reasonable amounts in extraordinary cases.
The fees and expenses of such physician or surgeon shall be paid by the
State only on special order of the board or a member thereof.
(k) The board or any member thereof may, upon the application of either
party or upon its own motion, appoint a disinterested and duly qualified
industrial hygienist, industrial engineer, industrial physician, or chemist, to
make any necessary investigation of the occupation in which the employee
alleges that he was last exposed to the hazards of the occupational disease
claimed upon, and testify with respect to the occupational disease health
hazards found by such person or persons to exist in such occupation. Such
person or persons shall be allowed traveling expenses and a reasonable fee, to
be fixed by the board, not exceeding ten dollars for each investigation and report,
but the board may allow additional reasonable amounts in extraordinary cases.
The fees and expenses of such person or persons shall be paid by the State, only
on special order of the board or a member thereof.
(l) Whenever any claimant misconceives his remedy and files an application
for adjustment of a claim under “The Indiana Workmen’s Compensation Act of
1929” and amendments thereto, and it is subsequently discovered, at any time




OCCUPATIONAL-DISEASE LEGISLATION ENACTED IN

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73

before the final disposition of such cause, that the claim for injury or death
which was the basis for such application should properly have been made under
the provisions of this act, then the application so filed under “The Indiana
Workmen’s Compensation Act of 1929” and amendments thereto, may be
amended in form or substance or both to assert a claim for such disability or
death under the provisions of this act, and it shall be deemed to have been so
filed as amended on the date of the original filing thereof, and such compensa­
tion may be awarded as is warranted by the whole evidence pursuant to the
provisions of this act. When such amendment is submitted, further or addi­
tional evidence may be heard by the industrial board when deemed necessary.
Nothing in this section contained shall be construed to be or permit a waiver
of any of the provisions of this act with reference to notice or time for filing a
claim but notice or filing of a claim, if given or done, shall be deemed to be a
notice or filing of a claim under the provisions of this act, if given or done within
the time required herein.
S ec . 21. R e p o r t o f boa rd . — The board shall make to the Governor, annually,
on or before the first day of September, a report of its work during the preced­
ing fiscal year, in such form as it may determine, with the approval of the
Governor. In order to prevent the accumulation of unnecessary and useless
files of papers, the board, in its discretion, may destroy all papers which have
been on file for more than two years, when there is no claim for compensation
pending, or, when compensation has been awarded either by agreement or upon
hearing, and more than one year has elapsed since the termination of the com­
pensation period as fixed by such board, but notices of election or rejection shall
not be destroyed.
S e c . 22. A w a r d s ; p r i o r i t y ; a ssig n m en t. — (a ) All rights of compensation
granted by this act shall have the same preference or priority for the whole
thereof against the assets of the employer as is allowed by law for any unpaid
wages for labor.
(b) No claims for compensation under this act shall be assignable and all
compensation and claims therefor shall be exempt from all claims of creditors.
S ec . 23. A g r e e m e n t s to be filed.— I f after Sjeven days from the date of dis­
ablement or any time, in case of death, the employer and the employee or his
dependents reach an agreement in regard to compensation under this act, a
memorandum of the agreement in the form prescribed by the industrial board
shall be filed with the board; otherwise such agreement shall be voidable by the
employee, or his dependent. I f approved by the board, thereupon the memo­
randum shall for all purposes be enforceable by the court decree as hereinafter
specified. Such agreement shall be approved by the board only when the terms
conform to the provisions of this act.
S e c . 24. W a i v e r . — No employee, personal representative, or beneficiary shall
have power to waive any of the provisions of this act in regard to the amount of
compensation which may be payable to such employee, personal representative,
or beneficiary hereunder except after approval by the industrial board; but
any employee who, prior to the taking effect of this act, has contracted silicosis
or asbestosis but is not disabled therefrom, may, within sixty days after the
taking effect of this act, file with the industrial board a request for permission
to waive full compensation on account of disability or death resulting from
silicosis or asbestosis, or any direct result thereof, supported by medical evi­
dence satisfactory to the industrial board, that he has actually contracted
silicosis or asbestosis but is not disabled therefrom, and if the industrial board
shall approve such waiver, the compensation payable for such resulting dis­
ability or death of such employee, after further exposure in the employment of
any employer who has elected pursuant to the provisions of subsection [sub­
sections] (a) and (b) of section 4 of this act, shall be fifty per centum of
the compensation which but for such waiver would have been payable by any
such employer.
S e c . 25. N o tic e . — (a) No proceedings for compensation under this act shall
be maintained unless notice has been given to the employer of disablement
arising from an occupational disease as soon as practicable after the date of
disablement. No defect or inaccuracy of such notices shall be a bar to com­
pensation unless the employer proves that he is unduly prejudiced in such
proceedings by such defect or inaccuracy.
(b) That notice provided for in the preceding subsection shall state the name
and address of the employee, the nature and cause of the occupational disease
and disablement or death therefrom, and shall be signed by the disabled emt*
ployee, or by some one in his behalf, or by one or more of the dependents, in




74

OCCUPATIONAL-DISEASE LEGISLATION ENACTED IN

193 7

case of death, or by some person in their behalf. Such notice may be served
personally upon the employer, or upon any foreman, superintendent, or manager
of the employer to whose orders the disabled or deceased employee was re­
quired to conform or upon any agent of the employer upon whom a summons
in a civil action may be served under the laws of the State, or may be sent
to the employer by registered letter, addressed to his last-known residence or
place of business.
(c) No proceedings by an employee for compensation under this act shall be
maintained unless claim for compensation shall be filed by the employee with
the industrial board within one year after the date of the disablement.
No proceedings by dependents of a deceased employee for compensation for
death under this act shall be maintained unless claim for compensation shall
be filed by the dependents with the industrial board within one year after the
date of death.
(d) No limitation of time provided in this act shall run against any person
who is mentally incompetent or a minor dependent, so long as he has no
guardian or trustee.
Seo. 26. E x p o su re presum ed .— (a) An employee shall be conclusively deemed
to have been exposed to the hazards of an occupational disease when for any~
length of time, however short, he is employed in an occupation or process in
which the hazard of the disease exists. The employer liable for the compen­
sation provided for in this act shall be the employer in whose employment the
employee was last exposed to the hazards of the occupational disease claimed
upon regardless of the length of time of such last exposure, provided, that in
cases of silicosis or asbestosis, the only employer liable shall be the last employer
in whose employment the employee was last exposed during a period of sixty
days or more after the effective date of this act, to the hazard of such occupa­
tional disease, and, in such cases, an exposure during a period of less than
sixty days, after the effective date of this act, shall not be deemed a last
exposure. The insurance carrier liable shall be the carrier whose policy was in
effect covering the employer liable on the last day of the exposure rendering
such employer liable, in accordance with the provisions of this act.
(b) Whenever any employee for whose disability or death compensation is
payable under this act shall, at the time of the last exposure, be exposed in.
the joint service of two or more employers subject to the compensation pro­
visions of this act, such employers shall contribute to the payment of such
compensation in proportion to their wage liability to such employees. Nothing
in this section shall prevent any reasonable arrangements between such em­
ployers for a different distribution as between themselves of the ultimate
burden of compensation.
S m 27. D u ties of electing em ployer. — (a ) Every employer who, by election,,
is bound by the compensation provisions of this act, except the State, counties,
townships, cities, towns, school cities, school towns, school townships, other
municipal corporations, State institutions, State boards, and State commissions,
shall insure the payment of compensation to his employees and their dependents
in the manner hereinafter provided, or procure from the industrial board a
certificate authorizing him to carry such risk without insurance.
(b) Every employer who, by election, is bound by the compensation pro­
visions of this act, except those exempted therefrom by paragraph (a) hereof,
shall either insure and keep insured his liability hereunder in some corporation,
association, or organization authorized to transact the business of workmen’s
compensation insurance in this State, or shall furnish to the industrial board
satisfactory proof of his financial ability to pay direct the compensation in the
amount and manner and when due as provided for in this act. In the latter
case the board may, in its discretion, require the deposit of an acceptable
security, indemnity, or bond to secure the payment of compensation liabilities
as they are incurred.
(c) Every employer who, by election, is bound by the compensation provi­
sions of this act, except those exempted therefrom by paragraph (a) hereof,
shall, within ten days after his election takes effect, file with the industrial
board in the form prescribed by it, and thereafter within ten days, after the
termination of his insurance by expiration or cancellation, evidence of his
compliance with the insurance provisions of subsection (b) hereof, and all
other provisions relating to the insurance under this act. This requirement
shall not apply to employers who have not elected to operate under the com­
pensation provisions of this act or who have procured from the industrial board




OCCUPATIONAL-DISEASE LEGISLATION ENACTED IN

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75

certificates of their financial ability to pay compensation directly without
insurance.
I f such employer refuses or neglects to comply with these provisions, he
shall be punished by a fine of ten cents for each employee at the time of such
refusal or neglect, but not less than ten dollars nor more than fifty dollars
for each day of such refusal or neglect and until the same ceases, and he shall
be liable during continuance of such refusal or neglect to an employee either
for compensation under this act or at law in the same manner as provided for
in section 3 of this act.
(d) Whenever an employer has complied with the provisions of paragraph
(b) hereof relating to self-insurance, the industrial board shall issue to such
employer a certificate which shall remain in force for a period fixed by the
board, but the board may, upon at least thirty days’ notice, and a hearing to the
employer, revoke the certificate, upon satisfactory evidence for such revocation
having been presented. At any time after such revocation the board may grant
a new certificate to the employer upon his petition, and satisfactory proof of his
financial ability.
(e) Subject to the approval of the industrial board, any employer may enter
into or continue any agreement with his employees to provide a system of com­
pensation, benefit, or insurance in lieu of the compensation and insurance pro­
vided by this act. No such substitute system shall be approved unless it confers
benefits upon employees and their dependents at least equivalent to the benefits
provided by this act, nor if it requires contributions from the employees unless
it confers benefits in addition to those provided under this act at least com­
mensurate with such contributions.
Such substitute system may be terminated by the industrial board on reason­
able notice and hearing to the interested parties, if it shall appear that the
same is not fairly administered or if its operation shall disclose latent defects
threatening its solvency, or if for any substantial reason it fails to accomplish
the purpose of this a ct; and in such case the board shall determine upon the
proper distribution of all remaining assets, if any, subject to the right of any
party in interest to take an appeal to the appellate court.
( f ) No insurer shall enter into or issue any policy of insurance under this act
until its policy form shall have been submitted to and approved by the industrial
board. The industrial board shall not approve the policy form of any insurance
company until such company shall file with it the certificate of the commissioner
of insurance showing that such company is authorized to transact the business
of workmen’s compensation insurance in the state. The filing of a policy form
by any insurance company or reciprocal insurance association with the industrial
board for approval shall constitute on the part of such company or association
a conclusive and unqualified acceptance of each and all of the compensation
provisions of this act, and an agreement by it to be bound thereby.
All policies of insurance companies and of reciprocal insurance associations,
insuring the payment of compensation under this act, shall be conclusively pre­
sumed to cover all the employees and the entire compensation liability of the
insured under this act in all cases in which the last day of the exposure render­
ing the employer liable is within the effective period of such policy.
Any provision in any such policy attempting to limit or modify the liability
of the company or association insuring the same shall be wholly void.
Every policy of any such company or association must contain the following
provisions:
(1) The insurer hereby assumes in full all the obligations to pay physician’s
fees, nurse’s charges, hospital services, hospital supplies, burial expenses, com­
pensation or death benefit imposed upon or accepted by the insured under the
provisions of “The Indiana Workmen’s Occupational Disease Act.”
(2) That this policy is made subject to the provisions of “The Indiana Work­
men’s Occupational Disease Act,” and the provisions of such act relative to the
liability of the insured to pay physician’s fees, nurse’s charges, hospital services,
hospital supplies, burial expenses, compensation or death benefits to and for
such employees, the acceptance of such liability by the insured, the adjustment,
trial, and adjudication of claims for such physician’s fees, nurse’s charges, hospi­
tal services, hospital supplies, burial expenses, compensation or death benefits
and the liability of the insurer to pay the same are and shall be a part of this
policy contract as fully and completely as if written herein.
(3) That, as between this insurer and the employee, notice to or knowledge
of the occurrence of the disablement on the part of the insured (the employer)
26848°— 38-------6




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O C C U P A T IO N A L -D IS E A S E

L E G IS L A T IO N

ENACTED

IN

19 3 7

shall be notice or knowledge thereof, as the case m ay be, on the part o f the
in su re r; th at the jurisdiction o f the insured (th e em ployer) fo r the purpose o f
“ T h e Indiana W orkm en 's Occupational D isease A c t,” shall be the jurisdiction
o f this insurer, and this insurer shall in all things be bound by and shall be
subject to the awards, judgm ents, and decrees rendered against the insured
(th e em ployer) under th at act.
(4 ) T h at this insurer w ill promptly pay to the person entitled to the same, a ll
benefits conferred by “ T he Indiana W ork m en ’s Occupational D isease A c t,”
including physician’s fees, nurse’s charges, hospital services, hospital supplies,
burial expenses, and a ll installm ents o f compensation or death benefits th at
m ay be awarded or agreed upon under that a c t ; th at the obligation o f this
insurer shall not be affected by any default of the Insured (the em ployer) a fter
disablement or by any defau lt in giving o f any notice required by this policy,
or oth erw ise; that this policy isi and shall be construed to be a direct promise
by this insurer to the person entitled to physician’s fees, nurse’s charges, fees
fo r hospital services, charges fo r hospital supplies, charges fo r burial, compen­
sation, or death benefits, and shall be enforceable in the nam e o f such person.
(5 ) T h a t any termination o f this policy either by cancellation or expiration
shall not be effective as to employees of the insured covered hereby until thirty
days after w ritten notice o f such termination has been received by the indus­
trial board o f Indiana at its office in Indianapolis, Ind.
T h a t all claim s fo r compensation, nurse’s charges, hospital services, hospital
supplies, physician’s fees, or burial expenses m ay be m ade directly against
either the employer or the insurer or both, and the aw ard o f the industrial
board m ay be m ade against either the employer or the insured or both.
T h a t i f any insurer shall fa il or refuse to pay any final aw ard or judgm ent
(except during the pendency o f an appeal) rendered against it, or its insured,
or if it shall fa il or refuse to comply with any provision o f this act, the indus­
trial board shall revoke the approval o f its policy form , and shall not accept
any further proofs o f insurance from! it until it shall have paid such aw ard or
judgm ent or complied with the violated provision o f this act, and shall have
resubmitted its policy form and received the approval thereof by the industrial
board.
(g ) No policy o f insurance in effect at the tim e of the taking effect o f this
act, covering the liability o f an employer for workm en’s compensation, shall be
construed to cover the liability o f such employer under the provisions o f this act
for any occupational disease unless such liability is expressly accepted by the
insurance carrier issuing such policy and is endorsed th erein ; the insurance
or security in force to cover compensation liability under the provisions o f
this act, shall be separate and distinct from the insurance or security under
the “ Indiana W ork m en ’s Compensation A ct o f 1929” and amendments thereto,
and any insurance contract covering liability under either act need not cover
any liability under the other.
(h ) For the purpose o f complying with the provisions o f paragraph (b )
hereof, groups o f employers are hereby authorized to form! m utual insurance
associations or reciprocal or interinsurance exchanges subject to such reason­
able conditions and restrictions as m ay be fixed by the industrial board. M em ­
bership in such m utual insurance associations or reciprocal or interinsurance
exchanges so approved, together w ith evidence o f the payment o f premiums
due, shall be evidence o f compliance with paragraph (b ) hereof. M utual
insurance associations and reciprocal or interinsurance exchanges heretofore
form ed and operating at the time o f the passage o f this act m ay continue to
operate subject to the provisions o f this act.
(i) T he State, any political division thereof, any municipal corporation, any
corporation, partnership, or person bound by election under the compensation
provisions o f this act, contracting fo r the perform ance o f any work in which
the hazard o f an occupational disease exists by a contractor subject to the
compensation provisions o f this act without exacting from such contractor a
certificate from the industrial board showing th at such contractor has complied
w ith paragraphs ( a ) , ( b ) , and (c ) o f this section, shall be liable to the same
extent as the contractor fo r compensation, physician’s fees, hospital fees,
nurse’s charges, and burial expenses on account o f the injury or death o f any
employee of such contractor, due to occupational disease arising out o f and
in the course o f the perform ance o f the work covered by such contract.
A n y such principal contractor, interm ediate contractor, or subcontractor,
who shall sublet any contract fo r the perform ance o f any such work, to a




OCCUPATIONAL-DISEASE LEGISLATION ENACTED IN

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77

subcontractor subject to the compensation provisions hereof, without requiring
from such subcontractor a certificate from the industrial board showing that
such subcontractor h as complied w ith paragraphs ( a ) , ( b ) , and (c ) o f this
section, shall be liable to the same extent as such subcontractor fo r the pay­
ment o f compensation, physician’s fees, hospital fees, nurse’s charges, and
burial expense on account o f the injury or death of any employee o f such sub­
contractor due to occupational disease arising out of and in the course o f the
perform ance o f the work covered by such subcontract.
The State, any political division thereof, any municipal corporation, any cor­
poration, partnership, person, principal contractor, interm ediate contractor, or
subcontractor, paying compensation, physician’s fees, hospital fees, nurse’s
charges, or burial expenses, under the foregoing provisions o f this section,
m ay recover the amount paid from any person who, independently o f such
provisions, would have been liable fo r the paym ent thereof.
E very claim filed w ith the industrial board under this section shall be
instituted against all parties liable fo r payment, and the board, in its aw ard,
shall fix the order in which such parties shall be exhausted, beginning w ith the
im m ediate employer.
S e c . 28. Contracts for relief forbidden.— No contract or agreement, w ritten
or implied, no rule, regulation, or other device shall, in any manner, operate to
relieve any employer, in whole or in part, o f any obligation created by this
act, except as provided in th is act.
S e c . 29. Disablement caused by third person.— W henever disability or death,
for which compensation is payable under this act, shall have been sustained
under circumstances creating in some other person than the employer a legal
liability to pay damages in respect thereto, the employee, or his dependents, in
case o f death, at his or their option, m ay claim compensation from the employer
or proceed at la w against such other person to recover dam ages or m ay proceed
against the employer for compensation and against such other person to recover
dam ages at the same time, but he or they shall not collect from b oth ; and, if
compensation is awarded and accepted under this act, the employer, having paid
compensation or having become liable therefor, m ay collect in his own name,
or in the nam e o f the disabled employee, or, in case o f death, in the nam e o f his
dependents, from the other person in whom legal liability for dam age exists
the compensation paid or payable to the employee or his dependents.
S e c . 30. Reports by employer to commission.— (a) E very employer operating
under the compensation provisions o f this act shall keep a record o f all dis­
ablements by occupational disease, fa ta l or otherwise, received by his employees
in the course o f their employment. W ith in one week after the occurrence and
knowledge thereof, as provided in section 25, of disablement to an employee
causing his death or his absence from work for more than one day a report
thereof shall be made in writing and m ailed to the industrial board on blanks
to be procured from the board for the purpose.
Such report shall contain the name, nature, and location of the business
of the employer, the name, age, sex, wages, occupation o f the employee, the ap­
proxim ate dates between which exposure occurred, the nature and cause o f the
occupational disease, and such other inform ation as m ay be required by the
board.
A n y employer w ho refuses or neglects to m ake the report required by this
or the next follow ing section shall be liable for a penalty o f not more than
twenty-five dollars for each refusal or neglect, to be recoverable in any court
o f competent jurisdiction in a suit by the board.
(b ) E very employer paying compensation directly w ithout insurance and
every insurance carrier paying compensation in behalf o f an employer shall,
within ten days fro m the termination o f the compensation period fixed in any
aw ard against him or its insured, for disability or death, either by the approval
o f an agreement or upon hearing, and w ithin ten days from the fu ll redemption
o f any such aw ard by the cash paym ent thereof in a lum p sum, as in this act
provided, shall m ake such report or reports as the industrial board m ay require.
S e o . 31. Repeal.— A ll law s and parts of law s in conflict herewith are hereby
repealed.
S e o . 32. Saving clause .— N o repeal o f any act or part thereof herein contained
shall extinguish or in any w ay affect any right o f action thereunder, existing at
the time this act takes effe ct; and no employer shall be liable for compensation
or damages under the provisions o f this act in any case in which the disable­
ment on which claim is predicated shall have occurred prior to the date this
act becomes effective; but nothing contained in this section shall affect any




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OCCUPATIONAL-DISEASE LEGISLATION ENACTED IN

19 37

case in which exposure as defined in this act shall have taken place after th e
effective date of this a c t

MICHIGAN
A C T S O F 1937

A ct N o. 61
[T h is act amends the workm en’s compensation act (Com piled Law s, 1929, secs.
84 07 -8 4 8 5 ) by adding part V I I as given below.]

Part V I I
Section 1. D e fin itio n .— W henever used in this a c t :
(a ) Th e word “ disability” means the state o f being disabled from earning
fu ll w ages at the work at which the employee w as last em p loy ed ;
(b ) The word “ disablem ent” m eans the event o f becoming so disabled as
defined in subparagraph (a ) ;
(c ) Th e term “occupational disease” means a disease which is due to causes
and conditions which are characteristic o f and peculiar to a particular trade,
occupation, process, or employment.
S eo . 2. O ccu p a tio n a l d is e a s e s .— The disablement o f an employee resulting fro m
an occupational disease or condition described in the follow ing schedule shall
be treated as the happening o f a personal in ju ry by accident w ithin the m eaning
o f this act and the procedure and practice provided in this act shall apply to
a ll proceedings under this part, except where specifically otherw ise provided
h e r e in :
cau sed b y —

DISABILITIES ARISING FROM—

1. A n th ra x _______________________________
2. L ead poisoning or its sequelae____

3. Zin c poisoning or its sequelae.

4. M ercury poisoning or its sequelae__

5. Phosphorus
quelae.

poisoning

or

its

se­

6. Arsenic poisoning or its sequelae—

7. Poisoning by wood alcohol.

8. Poisoning by benzol or nitro-. hy­
dro-, hydroxy-, and amido-derivatives o f benzene
(dinitrobenzol, anilin, and oth ers), or its
sequelae.
9. Poisoning by carbon bisulphide or
its sequelae, or any sulphide.

10. Poisoning by nitrous fum es or its
sequelae.
11. Poisoning by nickel carbonyl or its
sequelae.
12. Dope poisoning (poisoning by tetraehlorm ethane or any substance
used as or in conjunction with
a solvent for acetate o f cellulose
or nitro cellu lose), or its se­
quelae.




H andling o f wool, hair, bristles, hides
or skins.
Any process involving the use o f or
direct contact w ith lead or its prep­
arations or compounds.
A n y process involving the use o f o r
direct contact w ith zinc or its prep­
arations or compounds or alloys.
A n y process involving the use o f or
direct contact with m ercury or ita
preparations or compounds.
A n y process involving the use o f o r
direct contact w ith phosphorus o r
its preparations or compounds.
A n y process involving the use o f o r
direct contact with arsenic or it&
preparations or compounds.
A n y process involving the use o f wood
alcohol or any preparation contain­
ing wood alcohol.
A n y process involving the use o f or
direct contact w ith benzol or nitro-,
hydro-, hydroxy-, or amido-derivatives o f benzene or its preparations
or compounds.
A n y process involving the use o f or
direct contact with carbon bisulphide*
or its preparations or compounds, or
any sulphide.
A n y process in which nitrous fum es
are evolved.
A n y process in which nickel carbonyl
is evolved.
A n y process involving the use o f or
direct contact w ith any substance*
used as or in conjunction w ith a
solvent for acetate o f cellulose or
nitro cellulose.

OCCUPATIONAL-DISEASE LEGISLATION ENACTED IN
13. Poisoning by form aldehyde and its
preparations.
14. Chrome ulceration or its sequelae
or chrome poisoning.

15. Epitheliom atous cancer or ulcera­
tion o f the skin or o f the corneal
surface o f the eye, due to tar,
pitch, bitumen, m ineral oil or
paraffin, or any compound, prod­
uct, or residue o f any o f these
substances.
16. G landers_______________________________
17. Compressed
air
illness
or
its
sequelae.
18. M iners’ diseases, including only
cellulitis, bursitis, ankylostom ia­
sis, tenosynovitis and nystagm us.
19. Cataract in glassw orkers___________

20. R adium poisoning or disability due
to radio-active properties o f sub­
stances or to Roentgen rays
(X -r a y s ).
21. M ethyl chloride poisoning___________

22. Carbon m onoxide poisoning.

23. Poisoning
by
sulphuric, hydro­
chloric, or hydrofluoric acid.

24. Respiratory,
gastrointestinal,
or
physiological nerve and eye dis­
orders due to contact with petro­
leum products and their fum es.
25. D isability arising from blisters or
abrasions.
26. D isability arising from bursitis or
synovitis.
27. D erm atitis

(v e n e n a ta )--------------------

28. H ernia

29. Stoneworker’s or grinder’s p h th isis-

30. S ilic o sis________
31. Pneumoconiosis

19 3 7

79

A n y process involving the use o f or
direct contact with form aldehyde
and its preparations.
A n y process involving the use o f or
direct contact w ith chromic acid or
bichromate o f amm onium , potassium ,
or sodium or their preparations.
H andling or use o f tar, pitch, bitu­
men, mineral oil, or paraffin or any
compound, product, or residue o f any
o f these substances.

Care or handling o f any equine anim al
or the carcass o f any such animal.
A n y process carried on in compressed
air.
A n y process involving mining.

Processes in the m anufacture o f glass
involving exposure to the glare o f
molten glass.
A n y process involving the use o f or
direct contact w ith radium or radio­
active substance or the use of or di­
rect exposure to Roentgen rays ( X r a y s ).
A n y process involving the use o f or
direct contact with m ethyl chloride
or its preparations or compounds.
A n y process involving direct exposure
to carbon monoxide in buildings,
sheds, or enclosed places.
A n y process involving the use o f or
direct contact with sulphuric, hydro­
chloric, or hydrofluoric acids or their
fum es.
A n y process involving the use o f or
direct contact w ith petroleum or pe­
troleum products and their fumes.
A n y process involving continuous fric­
tion, rubbing, or vibration causing
blisters or abrasions.
A n y process involving continuous rub­
bing, pressure, or vibrations o f the
parts affected.
A n y process involving the use o f or
direct contact with acids, alkalies,
acids or oil, or w ith brick, cement,
lime, concrete, or m ortar capable of
causing derm atitis ( venenata).
Clearly recent in origin and resulting
from a strain, arising out o f and in
the
course
of
employment
and
promptly reported to the employer.
Quarrying, cutting, crushing, grinding,
or polishing o f stone, or grinding or
polishing o f m etal.
Mining.
Q uarrying, cutting, crushing, grinding,
or polishing of metal.

S ec . 3. B e n e fi t s .— I f an employee is disabled or dies and his disability or death
is caused by one o f the diseases mentioned in the schedule contained in section




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2 o f th is part and the disease is due to the nature o f the em ploym ent in which
such employee w as engaged and w as contracted therein, he or his dependents
sh all be entitled to compensation fo r his death or fo r his disablement, and he
shall be entitled to be furnished w ith m edical and hospital services, all as
provided in part I I o f this act, except as hereinafter stated in this p a r t:
Provided , however , T h a t i f it shall be determined that such employee is able to
earn w ages at another occupation which shall be neither unhealthful nor
injurious and such w ages do not equal his fu ll w ages prior to the date o f his
disablement, the compensation payable shall be a percentage o f fu ll compensa­
tion proportionate to the reduction in his earning capacity.
S eo. 4. Compensation for total disability .— Compensation shall not be payable
fo r partial disability due to silicosis or other dust disease.
In the event o f
tem porary or permanent total disability or death from silicosis or other dust
disease, notw ithstanding any other provisions o f this act, compensation shall
be payable under this part to employees in the em ploym ents enumerated in
section 2 o f this part, or to their dependents in the follow ing manner and
am o u n ts: I f disablem ent or death occurs during the first calendar month in
which this act becomes effective not exceeding the sum o f five hundred d o lla r s ;
i f disablement or death occurs during the second calendar m onth after which
th is act becomes effective not exceeding the sum o f five hundred and fifty
d o lla rs; thereafter the total compensation and benefits payable fo r disability
and death shall increase at the rate o f fifty dollars each calendar month. The
aggregate amount payable shall be determined by the total amount payable in
the month in which disablement or death occurs. In no event shall such com­
pensation exceed an aggregate total o f three thousand dollars.
Sec. 5. Right to compensation.— Neither the employee nor his dependents shall
be entitled to compensation for disability or death resulting from such occupa­
tional disease, unless such occupational disease is due to the nature o f his
em ployment and w as contracted therein, or in a continuous employment sim ilar
to the one in which he w as engaged at the tim e o f his disablement, w ithin twelve
months previous to the date o f disablement, whether under one or m ore em ­
ployers. Th e time lim it for contraction o f the occupational disease prescribed
by this section shall not bar compensation in the case o f an employee who con­
tracted such occupational disease in the same em ploym ent w ith the same
employer by whom he w as employed at the tim e o f his disablement and who
had continued in the same em ployment with the sam e employer from the tim e
o f contracting such occupational disease up to the tim e o f his disablem ent
thereby.
Sec. 6. Medical examination.— In case the employee is alleged to be suffering
from an occupational disease and there shall be a dispute w ith respect thereto,
the said board, or any m ember thereof, shall appoint a commission o f three
qualified im partial physicians to exam ine the injured employee and to report.
Th e report, when signed by at least two o f the members o f said commission, shall
be final and conclusive as to the condition o f said employee w ith respect to
the alleged disease or diseases. Members o f the commission shall receive such
compensation for their services as shall be fixed by the board, to be paid from
the appropriation to the department o f labor and industry.
Sec. 7. Date of disablement.— For the purposes o f this part the date o f disable­
m ent shall be such date as the board m ay determine on the hearing o f the claim .
Sec. 8 . False representations.— N o compensation shall be payable fo r an occu­
pational disease if the employee, at the tim e o f entering into the em ploym ent
o f the employer by whom the compensation would otherwise be payable, or
thereafter, w ilfu lly and fa lsely represents in w riting that he has not previously
suffered from the disease which is the cause o f the disability or death. W h ere
an occupational disease is aggravated by any other disease or infirmity, not,
itse lf compensable, or where disability or death from any other cause, not itself
compensable, is aggravated, prolonged, accelerated, or in any wise contributed
to by an occupational disease, the compensation payable shall be such proportion
only o f the compensation th at would be payable if the occupational disease were
the sole cause o f the disability or death as such occupational disease, as a
causative factor, bearing to all the causes of such disability or death, such
reduction in compensation to be effected by reducing the number of weekly pay­
ments or the amounts o f such payments, as under the circumstances o f the
particular case m ay be for the best interests of the claim ant or claim ants.
S eo . 9. Liability of employer.— The total compensation due shall be recover­
able from the employer who last employed the employee in the em ploym ent to
the nature o f which the disease w as due and in which it w as contracted. If,




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81

however, such disease w as contracted while such employee w as in the employ­
m ent o f a prior employer, the employer who is m ade liable fo r the total com­
pensation as provided by this section m ay appeal to said board fo r an appor­
tionment o f such compensation among the several employers who since the con­
traction o f such disease shall have employed such employee in the employment
to the nature o f which the disease w as due. Such apportionment shall be propor­
tioned to the time such employee w as employed in the service o f such employers,
and shall be determined only after a hearing, notice o f the tim e and place o f
which shall have been given to every employer alleged to be liable fo r any
portion o f such compensation. I f the board finds that any portion o f such com­
pensation is payable by an employer prior to the employer who is m ade liable fo r
the total compensation as provided by this section, it shall m ake an aw ard ac­
cordingly in favor o f the last employer, and such aw ard m ay be enforced in the
sam e manner as an aw ard fo r compensation.
S eo . 10. N o tic e to e m p l o y e r .— T h e employer to whom notice o f death or
disability is to be given, or against whom claim is to be m ade by the employee,
sh all be the employer who last employed the employee during the said tw entyfou r months in the employment to the nature o f which the disease w as due and
such notice and claim shall be deemed seasonable as against prior employers.
Th e requirements as to notice as to occupational disease and death resulting
therefrom and the requirements as to the bringing o f proceedings fo r compensa­
tion fo r disability or death resulting from such occupational disease shall be the
sam e as required in section fifteen o f part two o f this act, except th at the
notice shall be given to the employer within one hundred tw enty days a fter the
disablement.
S e c . 11. I n fo r m a t io n to be fu r n is h e d .— The employee, or his dependents, if so
requested, shall furnish the la st employer or the board w ith such inform ation
as to the names and addresses o f all his other employers during the said tw entyfour months, as he or they m ay p ossess; and i f such inform ation is not fu r­
nished, or is not sufficient to enable such last employer to take proceedings
against a prior em ployer under section 10 o f this part, unless it be established
that the occupational disease actually w as contracted w hile the employee w as
in his employment such last employer shall not be liable to pay compensation,
or, if such inform ation is not furnished or is not sufficient to enable such la st
employer to take proceedings against other employers under section 10 o f this
part, such last employer shall be liable only fo r such part o f the total compen­
sation as under the particular circumstances the director m ay deem ju s t ; but
a false statem ent in the inform ation furnished as aforesaid shall not im pair
the employee’s right unless the la st employer is prejudiced thereby.
S e o . 12. E x c lu s i v e n e s s o f e m p l o y e e s ’ r ig h ts .— N othing in this act shall affect
the rights o f an employee, or his dependents, to recover compensation in respect
to a disease to which this act does not apply, i f the disease, apart from this
act, is one fo r which compensation is payable under the other provisions o f this
act.
S eo . 13. L im it a t i o n s .— T h is act shall not apply to cases o f occupational disease
in which the la st in ju riou s exposure to the hazards o f such disease occurred
prior to the effective date o f this act.
T h is act shall not apply to any employer or employee in agricultural industry
or in the nursery or orchard business, or to any labor incidental to farm ing,
including repairs on buildings and other property in connection therewith.

NEBRASKA
C O M P IL E D S T A T U T E S , 1929
S e c t i o n 4 8 -1 5 2 (a s amended 1935, ch. 5 7 ; 1937, ch. 1 0 7 ).
D e fin itio n s .— *
* *
(b )
* * * The term “in ju ry” and “personal injuries” shall mean only vio­
lence to the physical structure o f the body and such disease or infection as natu­
rally results therefrom. The said term s shall in no case be construed to include
occupational disease in any form , except occupational diseases which arise out o f
and during the course of employment and are peculiar to the smelting, metal
refining, or battery m anufacturing industries, and which are contracted by work­
men employed in said industries, and disability commencing during the period o f
employment, or disability commencing within two years subsequent to the termi­
nation o f said employment, and occupational diseases contracted in these indus­
tries shall be included in said terms. Said term s shall not be construed to




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19 3 7

include any contagious or infectious disease contracted during the course o f
employment, or death due to natural causes, but occurring while the workm an
is a t work. * * * 2

OHIO
A C T S O F 1937
H . B. No. 71
[T h is act re-enacts section 1 4 65 -6 8a of P age’s General Code, 1932,8 as amended
1931, page 26 and adds paragraph 22, as given b e lo w : ]
22.
S ilic o s is .— (Silicosis shall mean a disease o f the lungs caused by breathing
silica dust (silicon dioxide) producing fibrous nodules, distributed through the
lungs and demonstrated by X -r a y exam ination or by autopsy.)
Nothing in this act shall entitle an employee or his dependents to compensa­
tion, m edical treatment, or paym ent o f funeral expenses for disability or death
from silicosis, unless the employee has been subject to injurious exposure to
silica dust (silicon dioxide) in his employment in Ohio preceding his disablement,
for periods amounting in all to a t least five years, some portion of which shall
have been a fter the effective date o f this act.
Compensation, medical, hospital, and nursing expenses on account o f silicosis
sh all be payable only in the event o f tem porary total disability, permanent
total disability, or death, and only in the event o f such disability or death
resulting w ithin one year after the last injurious ex p o su re: P r o v id e d , T h at in
the event o f death follow ing continuous total disability commencing within two
years after the last injurious exposure, the requirement o f death w ithin two
years after the last injurious exposure shall not apply.
In the event that an employee has been subject to injurious exposure to
silica dust (silicon dioxide) in his em ploym ent in Ohio for periods am ounting
in all to at least five years after the effective date o f this act, such compensa­
tion shall be paid in accordance w ith the provision o f sections 1465-79, 1465 -8 1,
and 14 6 5 -8 2 o f the General C od e; but in the event that such exposure after
the effective date o f this act shall have amounted to less than five years, then
the m axim um aggregate amount payable for disability, death, or disability and
death shall not exceed the sum o f five hundred dollars plus fifty dollars for
each calendar month which m ay elapse after the effective date o f this act and
before the month in which disability shall begin but shall not exceed, in any
event, the sum o f three thousand dollars.
C laim s for compensation on account o f silicosis shall be forever barred
unless application shall have been made to the industrial commission w ithin
one year after total disability began or w ithin six m onths after death.
N othing in this act shall entitle an employee or his dependents to com pensa­
tion, medical, hospital, and nursing expenses or paym ent o f funeral expenses
fo r disability or death due to silicosis in the event o f the failure or omission
on the part o f the employee tru th fu lly to state, when seeking employment, the
place, duration, and nature o f previous em ploym ent in answ er to an inquiry
m ade by the employer.
Th e industrial commission shall appoint three referees to be known as
“ silicosis referees” who shall be licensed physicians in good professional
standing who have by special duty, or experience, or both, acquired special
knowledge o f pulm onary diseases and at least one o f said physicians shall be
a roentgenologist. B efore aw arding compensation for disability or death due
to silicosis, the industrial commission shall refer the claim to the silicosis
referees for exam ination and recommendation w ith regard to the diagnosis, the
extent o f disability, and other medical questions connected w ith the claim . A n
employee shall submit to such exam inations, including clinical and X -r a y
exam inations, as the commission m ay require. The commission m ay designate
a duly licensed physician, a pathologist, or such other specialist as m ay be
deemed necessary, to m ake an autopsy exam ination and tests to determine
the cause o f death and certify w ritten findings to the silicosis referees. In
the event th at an employee refuses to submit to exam inations, including clini­
cal and X -r a y exam inations, after notice from the commission, or in the event
that a claim ant fo r compensation fo r death due to silicosis fa ils to produce

a This section supersedes the Nebraska provision on p. 34, infra.
8 See p. 46, infra.




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83

necessary consents and permits, after notice from the commission, so that
such autopsy exam ination and tests m ay be perform ed, then all rights for
compensation shall thereupon be forfeited. The reasonable compensation o f
said silicosis referees and o f such specialists and the expenses of exam inations
and tests shall be paid, if the claim is allowed, as part o f the expenses o f the
claim, and otherw ise from the surplus fund.

PENNSYLVANIA
A C T S O F 1937

A ct No. 552
S e c t i o n 1. Title of act.— T h is act shall be known and be cited as the “ Occu­
pational D isease Compensation A c t.”
Sec. 2. Definitions.— The term “ occupational disease” as used in this act
shall mean and include the follow ing d iseases:
(a ) Poisoning by lead, mercury, arsenic, or m anganese, their preparations or
compounds in any occupation involving direct contact w ith, handling thereof, or
exposure thereto.
(b ) Poisoning by phosphorus, its preparations or compounds, in any occupation
involving direct contact w ith, handling thereof, or exposure thereto.
(c ) Poisoning by m ethanol carbon bisulphide, hydro-carbon distillates (naph­
thas and others) or halogenated hydro-carbons, or any preparations containing
these chem icals or any o f them, in any occupation involving direct contact
with, handling thereof, or exposure thereto.
(d ) Poisoning by benzol or by nitro, amido, or am ino-derivatives o f benzol
(dinitro-benzol anilin and others) or their preparations or compounds in any
occupation involving direct contact with, handling thereof, or exposure thereto.
(e ) Caisson disease (compressed air illness) resulting from engaging in any
occupation carried on in compressed air.
( f ) R adium poisoning or disability due to radioactive properties o f sub­
stances or to Roentgen-ray (X -r a y s ) in any occupation involving direct contact
with, handling thereof, or exposure thereto.
(g ) Poisoning by or ulceration from chromic acid or bichrom ate o f am m o­
nium, potassium , or sodium or their preparations in any occupation involving
direct contact w ith, handling thereof, or exposure thereto.
(h ) Epitheliom atous cancer or ulceration due to tar, pitch, bitumen, m ineral
oil, or paraffin, or any compound product, or residue of any o f those substances,
in any occupation involving direct contact with, handling thereof, or exposure
thereto.
(i) Infection or inflam m ation o f the skin or other contact surfaces due to
oils, cutting compounds, lubricants, dust, liquids, fum es, gases, or vapors in any
occupation involving direct contact with, handling thereof, or exposure thereto.
( j ) A n th ra x occurring in any occupation involving the handling of, or expo­
sure to wool, hair, bristles, hides or skins or bodies o f anim als either alive or
dead.
(k ) Silicosis or anthraco-silicosis in any occupation involving direct contact
with, handling o f or exposure to dust o f silicon dioxide ( S i 0 2).
(l) Asbestosis in any occupation involving direct contact with, handling of,
or exposure to the dust o f asbestos.
S ec. 3. Construction of act.— The several provisions o f the W ork m en ’s Com ­
pensation A ct to which this act* is a supplement shall be applicable to this act
insofar as they are consistent with terms hereof. In applying the W o rk m en ’s
Compensation A ct to this act the W ork m en ’s Compensation A ct shall be con­
strued as including in addition to “in ju ry” and “ personal in ju ry” by accident
“ occupational disease” and the resultant effects thereof including death. T h e
word “ disabled” as herein used m eans disabled from earning fu ll w ages in the
employment in which the employee w as employed.
“ D isability” a s used herein means the state o f being so disabled. T he date
when the disability occurs from occupational disease shall be deemed to be the
date o f in ju ry or accident.
S bo. 4. W orkmen's Compensation A ct to apply.— W h e n an employer and
employee shall be subject to the provisions o f article three o f the W orkm en ’s
Compensation A ct as therein provided compensation fo r occupational disease
shall be paid in all cases by the employer according to the schedule provided in




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such act subject how ever to the special terms and conditions relative thereto as
set forth in this act.
Seo. 5. Compensation for silicosis, etc.— Compensation fo r silicosis or anthracosilicosis, or silicosis, anthraco-silicosis complicated by infection, and asbestosis,
shall be paid only when it is shown that the employee has had an aggregate
employment o f at least two years in the Commonwealth o f Pennsylvania during
a period o f eight years next preceding the date o f disability in an occupation
having a silica or asbestos hazard.
(b ) Compensation shall not be payable fo r partial disability due to silicosis,
anthraco-silicosis, or asbestosis. Compensation shall be payable as otherwise
provided in this act for total disability or death caused prim arily (as definitely
distinguished from a contributory or accelerating cause) by silicosis, anthracosilicosis, or asbestosis, or by silicosis, anthraco-silicosis, or asbestosis, when ac­
companied by active pulm onary tuberculosis or streptococcic infection o f the
lung. The total liability o f the employer unto the employee or his dependents
under this section shall not exceed the sum o f thirty-six hundred dollars

($3,600).
Sec. 6 ( a ) . Disability due to employment .— I f it shall be shown that the
employee a t or im m ediately before the date o f disability w as employed in any
process or em ploym ent set forth in section 2 it shall be presumed that the occu­
pational disease is due to the nature o f th at employment. T his presumption,
however, shall not be conclusive.
(b ) A n employer shall be liable fo r the paym ents prescribed by this act fo r
the occupational diseases described in section 2 hereof when disability o f an
employee resulting in loss o f earnings shall be due to an em ploym ent in a
hazardous occupation in which he w as employed and such disability results
w ithin two years a fter the la st exposure in such em ploym ent or in case o f death
resulting from such exposure i f such death occurs w ithin five years follow ing
disability from such disease.
Sec. 7 ( a ) . Compensation for disability or death.— In the case o f such occu­
pational diseases as the W ork m en ’s Compensation B oard shall determine develops
to the point o f disablement only after an exposure o f five or more years the
compensation for disability or death due to such diseases shall fo r a period
o f ten years im m ediately succeeding the effective date o f this act be payable
jo in tly by the Com m onw ealth and the employer as fo llo w s: I f disability occurs
or if no compensable period o f disability occurs i f death occurs during the first
year in which this act becomes effective the employer shall be liable fo r and
pay one-tenth o f the compensation fo r such disability or death and the re­
m ainder o f such compensation shall be paid by the Com m onw ealth out o f
moneys to the credit o f the Second In ju ry Reserve Account in the State
W o rk m en ’s Insurance Fund.
Th ereafter fo r each successive year o f such
ten-year period in which disability occurs or if no compensable period o f dis­
ability occurs i f death occurs the employer shall be liable fo r and shall pay
one-tenth more o f such compensation and the remainder o f such compensation
shall be paid by the Com m onw ealth out o f moneys to the credit o f the Second
In ju ry Reserve Account in the State W orkm en ’s Insurance Fund. A fte r the
expiration o f such ten-year period the employer shall pay the compensation
fo r disability or death occurring thereafter in fu ll.
(b ) Th e sum o f one hundred thousand dollars ($100,000.00) is hereby appro­
priated out o f the general fund to the State W ork m en ’s Insurance B oard for
paym ent into the State workm en’s insurance fund to the credit o f the second
in ju ry reserve account and is hereby appropriated fo r the carrying out o f the
purposes o f paragraph (a ) of this section. The aforesaid sum o f one hundred
thousand dollars ($100,000.00) shall, as soon as practical, be repaid into the
general fund o f the State treasury out of moneys to the credit o f the second
in ju ry reserve account in the State workm en’s insurance fund and such moneys
are hereby appropriated to the State W ork m en ’s Insurance Board for this
purpose.
Sec. 8. Defenses abrogated.— In any action brought after the effective date o f
this act in any court by an employe against his employer who has elected not to
be bound by the provisions o f article I I I o f the W ork m en ’s Compensation A ct
and such action is based upon a claim by the employee for damages for personal
in ju ry resulting from an occupational disease, proof on the part o f the employe
th at he had been subjected to a physical exam ination by such em ployer and
that he had been discharged by such employer within one year after such ex­
amination or proof o f discharge by such employer, and the further fa ct that
the employe w as unable to secure other employment within six months o f the




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85

date of such discharge by reason of the presence o f an occupational disease
in any stage, shall be prim a facie evidence of negligence on the part o f such
em ployer. In any such action it shall not be a defense on the part o f any
employer—
(a ) T h a t the in ju ry w as caused in whole or in part by the negligence o f a
fellow em p loy e; or
(b) T h at the employe had assum ed the risk o f the em p loym ent; or
(c ) T h a t the in ju ry w as caused in any degree by the negligence o f such
em p loye; or
(d ) T h at the employe w as exposed to the hazard o f such disease in any
other employment m ore than two years prior to the date o f such action.
The statute of lim itations in any such action for personal injury resulting
from an occupational disease shall commence to run from the date o f the last
exposure to the hazards o f such disease in the employment of the defendant.
Seo . 9. L ia b i li t y o f e m p l o y e r a/nd in su ra n c e c a r r ie r .— The employer in whose
employment the employe w as last exposed in a hazardous occupation and the
insurance carrier, i f any, w ho w as on the risk at the time of the last exposure
in such employment, shall be liable for any paym ents required by this act.
The notice o f in ju ry and claim shall be m ade to such employer.
S e c . 10. M e d ic a l a d v is o r y b o a rd .— In all cases involving claim s fo r silicosis,
anthraeo-silicosis, except in those cases wherein there are no controverted
medical issues between the parties, the W o rk m en ’s Compensation Board or
referee shall appoint a M edical Advisory Board composed o f one or more
duly qualified im partial physicians or surgeons or experts in accordance w ith
section 420 o f the W o rk m en ’s Compensation A ct to be selected from a panel
to be submitted by the Secretary o f the department o f labor and industry,
which panel shall be m ade up o f nam es selected from lists submitted by the
deans of all legally recognized medical schools in the Com m onwealth o f Penn­
sylvania.
Th e W o rk m en ’s Compensation Board or referee shall order the
claim ant to subject h im self to such clinical pathological and Roentgen exam ina­
tions as, in the opinion o f the M edical A dvisory Board, m ay be necessary to
determine whether or not the claim ant has contracted or is suffering from the
disease fo r which claim has been filed. A fte r exam ination the M edical A d vis­
ory Board shall file w ith the W orkm en ’ s Compensation Board or referee its
written report setting forth its opinion w ith respect to the follow ing m edical
q u estio n s:
(a ) W h eth er or not the claim ant has contracted or is suffering from sili­
cosis or anthraeo-silicosis, and in death cases whether or not death w as caused
by either o f them.
(b ) I f the claim ant has contracted or is suffering from silicosis or anthraeosilicosis, its opinion as to the extent o f in ju ry suffered by the claim ant.
The W ork m en ’s Compensation Board or referee shall m ail a copy o f such
report and findings to the claim ant and to the employer or his, their, or its
insurers w ithin tw enty (2 0 ) days from the date o f the filing thereof.
The W orkm en ’s Compensation Board or referee shall order an autopsy to be
m ade upon the decedent for the purpose o f exam ination and tests to determine
the cause of death in the follow ing c a s e s :
(1 ) W h en the W o rk m en ’s Compensation Board or referee upon the advice
o f the Medical A dvisory Board deems such an autopsy to be necessary to
determine the cause o f death.
(2 ) Upon application o f the employer when the M edical A dvisory Board
recommends an autopsy to determine the cause o f death.
Th e findings resulting from such exam inations and tests shall be filed w ith
the State department o f health and certified copies thereof shall be filed w ith
the W ork m en ’s Compensation Board or referee and shall become public records
in the case.
The reports and findings o f the physicians, surgeons, or experts so appointed
by the W o rk m en ’s Compensation Board or referee shall be considered by the
W o rk m en ’s Compensation Board or referee as evidence o f findings therein
contained, and shall be considered together w ith any other medical evidence
offered on behalf o f the claim ant or employer. A t the tim e o f any hearing o f
said cause the physicians, surgeons, or experts so appointed by the W o rk m en ’s
Compensation Board or referee shall appear and be subject to exam ination and
cross-exam ination by the parties to said cause if w ritten request therefor shall
be filed by either o f said parties w ith the referee or board within ten (1 0 ) days
a fter w ritten notice o f the filing o f said report, and findings shall be mailed to
the respective parties in interest.
*




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A ll the proceedings for compensation shall be suspended upon the refusal o f
a claim ant or claim ants to subm it to such clinical, pathological and Roentgen
exam inations as m ay be ordered by the W o rk m en ’s Compensation Board or
referee. In death cases, in the event that a claim ant or claim ants shall refuse
to perm it an autopsy to be m ade upon the body o f the decedent fo r a period
o f six m onths after death when ordered by the W o rk m en ’s Compensation Board
or referee, then, and in that event, no compensation shall be payable and claim
therefor shall be disallowed by the W ork m en ’s Compensation Board or referee.
S ex?. 11. I n s p e c tio n o f p r e m is e s . — The W ork m en ’s Compensation Board or any
workm en’s compensation referee shall have power to issue an order authorizing
the entry o f any physician, surgeon, or expert upon the premises o f the
defendant employer in order to ascertain the fa cts in any case arising under this
act.
S ex?. 12. Provisions severable.— I t is hereby determined to be the legislative
intent that if this act cannot take effect in its entirety because o f the decision
o f any court holding unconstitutional any part hereof the rem aining provisions
shall be given fu ll force and effect as if the part held unconstitutional had not
been included herein.
Sec . 13. E f f e c t i v e d a te. — T h is act shall become effective on the first day o f
January one thousand nine hundred thirty-eight.

WASHINGTON
A C T S O F 1937
C h a p t e r 212

[T h e act amends section 7679, R em ington’s R evised Statutes, 1931, by adding
section 76 79 -1 , which reads as fo llo w s :]
S e c t i o n 7 6 7 9 -1 . O c c u p a tio n a l diseases. — Compensation shall be payable for
disabilities sustained or death incurred by an employee resulting from the
follow in g occupational d iseases:
(1 ) A n th rax. H an d lin g o f wool, hair, bristles, hides or s k in s ;
(2 ) Lead poisoning or its sequelae. A n y process involving the use o f or
direct contact with lead or its preparations or com p ounds;
(3 ) Zinc poisoning or its sequelae. A n y process involving the use o f or
direct contact with zinc or its preparations or compounds or a llo y s ;
(4 ) M ercury poisoning or its sequelae. A n y process involving the use o f or
direct contact with m ercury or its preparations or com pounds;
(5 ) Phosphorous poisoning or its sequelae. A n y process involving the use
o f or direct contact with phosphorous or its preparations or com pounds;
(6 ) Arsenic poisoning or its sequelae. A n y process involving the use o f o r
direct contact w ith arsenic or its preparations or com pounds;
(7 ) Poisoning by benzol or nitro-, hydro-, hydroxy-, and am ido-derivatives
o f benzene ( dinitro-benzol, anilin, and oth ers), or its sequelae. A n y process
involving the use o f or direct contact w ith benzol or nitro-, hydro-, hydroxy-,
or am ido-derivatives o f benzene or its preparations or com pounds;
(8 ) Poisoning by carbon bisulphide or its sequelae, or any sulphide.
A ny
process involving the use o f or direct contact w ith carbon bisulphide or its
preparations or compounds, or o f any sulphide or sulp hite;
(9 ) Poisoning by tetrachlor-methane or any substance used as or in con­
junction with a solvent fo r acetate o f cellulose or nitro cellulose, or its sequelae.
A n y process involving the use o f or direct contact w ith any substance used as
or in conjunction w ith a solvent for acetate or cellulose or nitro c ellu lo se;
(1 0 ) Chronic ulceration or its sequelae or chrome poisoning. A n y process
involving the use o f or direct contact with chromic acid or by [i]chrom ate o f
amm onium , potassium or sodium, or their p rep aration s;
(1 1 ) Ulceration o f the skin or o f the corneal surface o f the eye, due to tar,
pitch, bitumen, m ineral oil, or paraffin, or any compound, product, or residue
o f any o f these substances. H an d lin g or use o f tar, pitch, bitumen, m ineral
oil, or paraffin or any compound, product or residue o f any o f these substances;
(1 2 ) Compressed air illness or its sequelae.
A n y process carried on in
compressed a ir ;
(1 3 ) M iner’s diseases, including cellulitis, bursitis, ankylostom iasis, tenosyn­
ovitis, and n y sta g m u s;




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87

(1 4 ) Cataract in glassw orkers. Processes in the m anufacture o f glass in­
volving exposure to the glare o f molten g la s s ;
(1 5 ) M ethyl chloride poisoning. A n y process involving the use o f or direct
contact with m ethyl chloride or its preparations or com p ounds;
(1 6 ) Carbon monoxide poisoning. A n y process involving direct exposure to
carbon m onoxide in buildings, sheds, or enclosed p la c e s;
(1 7 ) Poisoning by sulphuric, hydrochloric, or hydrofluoric acid. A ny process
involving the use o f or direct contact w ith sulphuric, hydrochloric, or hydro­
fluoric acids or their fu m e s ;
(1 8 ) D isability arising from blisters or abrasions.
A n y process involving
continuous friction, rubbing, or vibration causing blisters or abrasions;
(1 9 ) D isability arising from bursitis or synovitis.
A ny process involving
continuous rubbing, pressure, or vibration o f the parts affe cte d ;
(2 0 ) D erm atitis (v en e n ata).
A n y process involving the use o f or direct
contact with acids, alkalies, acids or oils, or w ith brick, cement, lime, concrete,
or m ortar capable o f causing derm atitis (ven en ata) ;
(2 1 ) And any persons employed in any industry where intense dust prevails.
N othing in this section shall be construed to apply to any case o f occupa­
tional disease in which the last injurious exposure to the hazards of the disease
occurred prior to January first, nineteen hundred thirty-seven, nor to any
case in which such occupational disease w as incurred in the pursuit o f a prior
employment to which a character o f occupational disease is incident different
from those incident to the employment follow ed at the tim e the disability
occu rred: A n d p r o v id e d fu r th e r , T h a t the employment o f any person claim ing
[compensation] hereunder shall have been wholly within the State o f W a sh in g ­
ton during the three (3 ) years next im m ediately preceding the injury for
which compensation is claimed, and during a substantial period of such em ploy­
ment subjected to conditions peculiarly conducive to such d isease: P r o v id e d ,
h o w e v e r , T h at the increased cost in carrying out the provisions o f this act shall
be borne equally by employer and employee.

WISCONSIN
A C T S O F 1937
C h a p t e r 180
[T h is act amends section 102.565,4 W isconsin statutes 1935, so as to read as
fo llo w s :]
S e c t io n 102.565. N o n d isa b lin g s ilic o sis. — (1 ) W h en an employe working sub­
ject to this chapter is, because he has a nondisabling silicosis, discharged from
em ploym ent in which he is engaged, or a fter an exam ination o f an employe
as provided in subsection (2 ) and a finding by the commission that it is inad­
visable for the employe to continue in his employment, such employe terminates
his employment, and suffers wage loss by reason of such discharge or such
termination o f employment, the commission m ay allow such compensation on
account thereof as it m ay deem ju st, not exceeding thirty-five hundred dollars.
In case o f such discharge prior to a finding by the industrial commission that it
is inadvisable for him to continue in such employment, the liability o f the em ­
ployer who shall so discharge his employe shall be prim ary, and the liability
o f the insurance carrier shall be secondary under the same procedure and to
the same effect as provided by section 102.62.
(2 ) Upon application o f any employer or employe the commission m ay
direct any employe of such employer or such employe who, in the course o f his
employment, has been exposed to the inhalation o f silica, to submit to exam ­
ination by a physician or physicians to be appointed by the industrial com­
m ission to determine whether such employe has silicosis, and the degree
thereof. The cost o f such m edical exam ination shall be borne by the person
m aking application. The results o f such exam ination shall be submitted by
the physician to the industrial commission, which shall submit copies of such
reports to the employer and employe, who shall have opportunity to rebut the
same, provided request therefor is made to the commission within ten days
from the mailing o f such report to the parties. The commission shall m ake
See p. 58 infra.




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IN

1937

its findings as to whether or not it is inadvisable fo r the employe to continue
in h is employment.
(3 ) I f an employe shall refuse to submit to such exam ination after direction
by the commission, or any member or exam iner thereof, or shall in any w ay
obstruct the same, his right to compensation under this section shall be barred.
(4 ) N o paym ent shall be m ade to an employe under this section unless he
shall have worked fo r the employer from whom he claim s compensation in
work exposing him to inhalation o f silica fo r a total period o f a t least ninety
days.
(5 ) I f after his discharge by an employer or after termination o f his em­
ployment, the employe becomes disabled, not because o f additional exposure,
but due to exposure in such employer’s service, any amount which shall have
been paid under this section shall be credited against compensation found to
be payable by such employer fo r disability caused by silicosis, but shall not
operate to reduce the number of weeks provided under the la w fo r disability.
(6 ) Paym ent o f a benefit under this section to an employe shall estop such
employe from any further recovery whatsoever from any employer under this
section.




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