§ 28-34-8 - Apportionment of liability among successive employers.
SECTION 28-34-8
§ 28-34-8 Apportionment of liability amongsuccessive employers. – The total compensation due shall be recovered from the employer who lastemployed the employee in the employment to the nature of which the disease wasdue and in which it was contracted. If, however, the disease was contractedwhile the employee was in the employment of a prior employer, the employer whois made liable for the total compensation as provided by this section maypetition the workers' compensation court for an apportionment of thecompensation among the several employers who since the contraction of thedisease have employed the employee in the employment to the nature of which thedisease was due. The apportionment shall be proportioned to the time theemployee was employed in the service of the employers and shall be determinedonly after a hearing, notice of the time and place of which shall have beengiven to every employer alleged to be liable for any portion of thecompensation. If the court finds that any portion of the compensation ispayable by an employer prior to the employer who is made liable for the totalcompensation as provided by this section, it shall make an award accordingly infavor of the last employer, and that award may be enforced in the same manneras an award for compensation.