44-5a06. Date from which compensation is computed; employer liable.
44-5a06
44-5a06. Date from which compensation is computed; employer liable. The date when an employee or workman becomes incapacitated by anoccupational disease from performing his work in the last occupation inwhich he was injuriously exposed to the hazards of such disease, shall betaken as the date of the injury equivalent to the date of accident underthe workmen's compensation act. Where compensation is payable for anoccupational disease, the employer in whose employment the employee orworkman was last injuriously exposed to the hazards of such disease, andthe insurance carrier, if any, on the risk when such employee was last soexposed under such employer, shall be liable therefor, without the right tocontribution from any prior employer or insurance carrier; the amount ofthe compensation shall be based upon the average wages of the employee orworkman when last so exposed under such employer, and the notice ofdisability and claim for compensation, as hereinafter required, shall begiven and made to such employer: Provided, That in case of silicosisthe only employer and insurance carrier liable shall be the last employerin whose employment the employee or workman was last injuriously exposed tothe hazards of the disease during a period of sixty (60) days or more, andthe insurance carrier, if any, on the risk when the employee or workman waslast so exposed under such employer.
History: L. 1953, ch. 246, § 6; L. 1974, ch. 203, §53; July 1.