44-5a10. Disability or death from silicosis; compensation rights.

44-5a10

Chapter 44.--LABOR AND INDUSTRIES
Article 5a.--OCCUPATIONAL DISEASES

      44-5a10.   Disability or death from silicosis; compensation rights.In the absence of conclusive evidence in favor of the claim, disabilityor death from silicosis shall be presumed not to be due to the nature ofany occupation within the provisions of this act, unless during the ten(10) years immediately preceding the date of disablement the employee orworkman has been exposed to the inhalation of silica dust over a period ofnot less than five (5) years, two (2) years of which shall have been inthis state: Provided, however, That if the employee or workman shallhave been employed by the same employer during the whole of such five-yearperiod, his right to compensation against such employer shall not beaffected by the fact that he had been employed during any part of suchperiod outside of this state.

      History:   L. 1953, ch. 246, § 10; July 1.