Ala. Admin. Code r. 355-8-1-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 355-8-1-.05 - Compensation For Occupational Diseases

(a) For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:

(1)Occupational Disease. A disease arising out of and in the course of employment, including occupational pneumoconiosis and occupational exposure to radiation as defined in subdivisions (2) and (3), respectively, of the section, which is due to hazards in excess of those ordinarily incident to employment in general and is peculiar to the occupation in which the employee is engaged but without regard to negligence or fault, if any, of the employer. A disease, including, but not limited to, loss of hearing due to noise, shall be deemed an occupational disease only if caused by hazard recognized as peculiar to a particular trade, process, occupation, or employment as a direct result of exposure, over a period of time, to the normal working conditions of the trade, process, occupation, or employment.

(2)Occupational Pneumoconiosis. A disease of the lungs cause by inhalation of minute particles of dust over a period of time, which dust is due to causes and conditions arising out of and in the course of the employment, without regard to whether the causes or conditions are inherent in the employment or can be eliminated or reduced by due care on the part of the employer. The term "occupational pneumoconiosis" shall include, but without limitation, such diseases as silicosis, siderosis, anthracosis, anthrasilicosis, anthracosilicosis, anthraco-tuberculosis, tuberculosilicosis, silico-tuberculosis, aluminosis, and other diseases of the lungs resulting from causes enumerated in this section.

(3)Occupational Exposure to Radiation. Gradual exposure to radiation over a period of time from the use of or direct contact with radium, radioactive substances, roentgen rays (X-rays), or ionizing radiation, arising out of and in the course of the employment and resulting from the nature of the employment and resulting from the nature of the employment in which the employee is engaged, without regard to whether the exposure is inherent in the employment or can be eliminated or reduced by due care on the part of the employer.

(4)Nature of Employment. With respect to subdivisions (2) and (3) above, this term shall mean that, as to the industry in which the employee is engaged, there is attached a particular hazard of the exposure that distinguishes it from the usual run of occupations and is in excess of the hazards of the exposure attending employment in general.

(5)Contraction of an Occupational Disease. The term shall include any aggravation of the disease without regard to the employment in which the disease was contracted.

(6)Date of Injury. The date of injury for an occupational disease except for pneumoconiosis and radiation shall be the first date of diagnosis.

(b) The disablement or death of an employee caused by the contraction of an occupational disease, as herein defined shall be treated as an injury by accident, and the employee or, in case of his death, his dependents shall be entitled to compensation as provided in this article. In no case, however, shall the employer be liable for compensation by reason of the contraction of an occupational disease, as herein defined or for disability or death resulting therefrom unless such disease arose out of and in the course of the employment and resulted from the nature of the employment in which the employee was engaged.

(c) No employee of the employer nor the personal representative, surviving spouse or next of kin of any such employee shall have any right to any other method, form or amount of compensation or damages for the contraction of an occupational disease, as defined in this article, or for injury, disability, loss of service or death resulting from such disease, arising out of and in the course of employment, or for the contraction of an occupational disease, as defined in this article, or for injury, disability, loss of service or death resulting from such disease, arising out of and in the course of employment, or determination thereof, in any manner other than as provided in this article.

(d) If an employee, at the time of or in the course of entering into the employment of the employer by whom the compensation would otherwise be paid, willfully and falsely represented himself in writing to the employer as not having previously been compensated in damages, or under this article, because of occupational disease, as defined in this article, such employee, his personal representative, parents, surviving spouse, dependents and next of kin shall be barred from compensation or other benefits provided by this article on account of occupational disease as defined in this article, resulting from exposure to the hazards of such disease subsequent to such representation and while in the employ of the employer.

(e) A claim for compensation under this Article shall be brought within the time and manner prescribed in Rule .04(r) or it shall be forever barred.

(f) For purposes of pneumoconiosis and radiation, "the date of the injury" shall mean the date of the last exposure to the hazards of the disease in the employment of the employer in whose employment the employee was last exposed to the hazards of the disease in each of at least 12 months, within a period of five years prior to the date of the injury.

(g) The compensation payable for death or disability caused by an occupational disease shall be computed in the same manner and in the same amounts as provided in of this program for computing compensation for disability or death resulting from an accident arising out of and in the course of the employment. The date of injury shall be considered the date of the accident for determining the applicable medical, surgical and hospital benefits, the minimum and maximum weekly benefits and the limitation on the total amount of compensation payable for such occupational disease.

(h) There shall not be a presumption that disablement or death from any cause or infirmity is the result of an occupational disease, nor that an occupational disease will result in disablement or death, and any person claiming compensation or other benefits under this article shall have the burden of establishing that he or she is entitled to the benefits.

Author:

Ala. Admin. Code r. 355-8-1-.05

New Rule: Filed September 30, 1994; effective November 4, 1994.

Statutory Authority:Code of Ala. 1975, §§ 36-29A-1, et seq.