Exerpts from State .ws Dealing With Asbestosis Prc :ion

shall be due to the nature of the employment in which the hazards of
such disease actually exist, and to a reasonable degree of medical
certainty is attributable to his type of employment, and is actually
incurred in his employment, provided disability or death shall occur
within 7 years after the employee has knowledge that he has been
affected with asbestosis.

Asbestosis treated and compensated as an injury by accident provided
disablement or death results within 7 years after last exposure.

In cases of asbestosis, employer under whom the employee was last
injuriously exposed for a period of at least 60 days shall be liable
for compensation.

Sec. 24. In absence of conclusive evidence in favor of a claim, disa-
bility or death from asbestosis shall be presumed in fact not to be due
to the nature of any occupation unless during 10 years immediately pre-
ceding the date of disablement the employee has been exposed to the
inhalation of asbestos dust over a period of not less than 5 years, two
(2) years of which shall have been under a contract of employment in this
State, but if employee worked for same employer for the whole of such 5
years period, his rights to compensation shall not be affected by the
fact that he had been employed outside of State.

Sec. 25. Employee affected by asbestosis may waiver (subject to approval of Medical Board) full compensation for any aggravation of his condition that may result from his continuing in his hazardous occupation.

In the event that disablement or death occurs after the execution of the waiver, compensation will be paid to a maximum of 100 weeks not to exceed a total of $2,000.

New Mexico

Sec. 59-11-10. No compensation shall be paid in case of asbestosis unless
during the 10 year period immediately preceding the disablement an
injured employee shall have been exposed to harmful quantities of asbestos
dust for a total of no less than twelve hundred fifty work shifts in
employment in this State and disablement results within 2 years from the
last day upon which the employee actually worked for the employer against
whom compensation is claimed.

B(2) No compensation for death due to asbestosis unless during 10 years immediately preceding the disablement the deceased should have been exposed to asbestos dust for a period of not less than twelve hundred fifty work shifts in this State.

(3) No compensation for death due to asbestos unless death resulted within
2 years from the last day upon which the employee actually worked for the
employer. Where death occurs during a period of continuous disablement and
compensation is being paid or has been awarded compensation will be paid
if death occurs within 5 years from last day of employment.

Sec. 59-11-11. In cases of asbestosis, the only employer liable shall be that one whose employment the employee was last exposed to asbestos dust during a period of 60 days or more.

4

Exerpts From State ws Dealing With Asbestosis Prc ion

Sec. 59-11-19. Disablement or death payments due to asbestosis limited
to maximum of $28,500.

Sec. 59-11-23. Where disablement recurs within 2 years after termination of compensation in case of asbestosis, court may order resumption of compensation if claim be made within 60 days after occurrence.

Sec. 59-11-30 (a). Claims based upon asbestosis must be filed within 1
year from the date of disability. In death cases, claim must be filed
within 1 year after the death of the employee.

North Carolina

Ohio

Sec. 97-52.

Employee not compensated, if at the time of entering employment, he falsely represented himself in writing as not having previously been disabled or laid off because of asbestosis.

Sec. 97-54. The term disability in case of asbestosis means the event of becoming actually incapacitated to earn in the same or any other employment, the wages which the employee was receiving at the time of his last injurious exposure to asbestosis.

Sec. 97-58. Employer not liable unless disablement or death results within two years after the last exposure to such disease. Claim for compensation due to asbestosis must be filed within 2 years after date employee had been advised by a competent medical authority that he has asbestosis.

Sec. 97-61.5. If employee who has asbestosis is removed from the industry, compensation is payable to a limit of 104 weeks.

Sec. 97-61.7. Employee may waiver in writing with the approval of the Industrial Commission, his rights to further compensation for any aggravation of his conditions that may result from his continuing in an occupation, exposing him to the hazards of asbestosis, provided that in the event of total disability or death as a result of the asbestosis compensation will be paid up to a maximum of 100 weeks in addition to the 104 weeks already paid.

Sec. 97-63. Compensation for disability or death not payable unless the
employee has been exposed to the inhalation of asbestos dust for a period of
not less than 2 years in the State provided no part of such period shall
have been more than 10 years prior to the last exposure.

Sec. 97-65. Asbestosis complicated with tuberculosis of the lungs, compensation will be reduced by one-sixth.

Sec. 412368y. In case of asbestosis, employee must have been exposed to
asbestos dust for a period of at least 3 years before disablement. Compensa-
tion and medical, hospital and nursing expenses on account of asbestosis are
payable only in the event of temporary total disability, permanent total
disability or death. Claim of an employee for benefits on account of asbesto-
sis are forever barred unless an application is filed with the commission
within one year after total disability began or within such longer period
as does not exceed 6 months after diagnosis of asbestosis by a licensed
physician.

Claims for death due to asbestosis must be filed with the Commission within six months after death. If employee fails to notify employer of previous

5

Exerpts From State JWs Dealing With Asbestosis Pro

,ion

employments, employee loses all rights to benefits.

In cases of asbestosis, the last employer in whose employment the
employee was last exposed to harmful quantities of silicon dioxide
(S102) (SIL) dust of at least 60 days or more.

Pennsylvania

Asbestosis is now covered under the workers' compensation act if employees' exposures to the hazards was after June 30, 1973, exposures that occurred prior to June 30, 1973 covered under OD Act.

Sec. 301. Compensation for asbestosis is payable only where there has been a 2 year exposure to the disease in the Commonwealth during the 10 years next preceding date of disablement. No compensation paid for partial disability due to asbestosis. Compensation paid for total disability or death when accompanied by active pulmonary tuberculosis. In cases of asbestosis having developed to the point of disablement only after exposure of 5 or more years, the only employer liable shall be the last one under whom the employee was last exposed to the disease for 6 months or more. Maximum benefits for total disability or death shall not exceed $12,750. For those whose benefits ran out, additional benefit of $100 a month payable by the State.

Vermont

Sec. 1008. The employer under whom the employee was last injuriously exposed to the hazards of the disease during a period of at least 60 days shall alone be liable for compensation.

Sec. 1011. Allows employees with asbestosis to waiver his rights to further
compensation with respect to aggravation of his conditions if he continues
in such occupation for such employer. Limited benefits paid if total

disablement or death results from the disease.

Sec. 1020. No temporary total disability benefits for asbestosis.

1000

100

Table VIII (a)

AGE SPECIFIC DEATH RATES PER 100,000 WHITE MALES
AGE 15 AND OVER FROM ALL CAUSES