34A-3-105 - Last employer liable -- Exception.
34A-3-105. Last employer liable -- Exception.
(1) To the extent compensation is payable under this chapter for an occupational diseasewhich arises out of and in the course of an employee's employment for more than one employer,the only employer liable shall be the employer in whose employment the employee was lastinjuriously exposed to the hazards of the disease if:
(a) the employee's exposure in the course of employment with that employer was asubstantial contributing medical cause of the alleged occupational disease; and
(b) the employee was employed by that employer for at least 12 consecutive months.
(2) Should the conditions of Subsection (1) not be met, liability for disability, death, andmedical benefits shall be apportioned between employers based on the involved employers' causalcontribution to the occupational disease.
Renumbered and Amended by Chapter 375, 1997 General Session