WORKMEN'S COMPENSATION 3671

1939, ch. 465, sec. 32B.

35. Where an employee of an employer subject to this Article suffers
from an occupational disease, as hereinbefore listed, and is thereby dis-
abled from performing his work in the last occupation in which he was
injuriously exposed to the hazards of such disease, or dies as a result of
such disease, and the disease was due to the nature of an occupation or
process described in Section 34 hereof, in which he was employed within
the period previous to his disablement as limited in Sections 36 and 37
hereof, the employee, or, in case of his death, his dependents shall be
entitled to compensation in the amount and payable in the manner pro-
vided elsewhere in this Article, as if such disablement or death were an
injury by accident, except as otherwise provided in Sections 34 to 43
hereof; and the practice and procedure prescribed elsewhere in this Ar-
ticle shall apply to proceedings for compensation for such diseases, except
as in said Sections 34 to 43, and Sections 66, 70 and 80, as hereby amended,
otherwise provided.

No compensation shall be payable for an occupational disease if the
employee, at the time of entering into the employment of the employer by
whom the compensation would otherwise be payable, falsely represented
himself in writing as not having previously been disabled, laid off, or
compensated in damages or otherwise, because of such disease.

Where an occupational disease is aggravated by any other disease or
infirmity, not itself compensable, or where disability or death from any
other cause, not itself compensable, is aggravated, prolonged, accelerated
or in anywise contributed to by an occupational disease, the percentage
of such contribution to be determined by the Medical Board, as herein-
after created, the compensation payable shall be reduced and limited to
such proportion only of the compensation that would be payable if the
occupational disease were the sole cause of the disability or death as such
occupational disease, as a causative factor, bears to all the causes of such
disability or death, such reduction in compensation to be effected by re-
ducing the number of weekly or monthly payments or the amount of such
payments, as under the circumstances of the particular case may be for
the best interest of the claimant or claimants.

1939, ch. 465, sec. 32C.

36. No compensation for death from an occupational disease shall be
payable to any person whose relationship to the deceased, which, under
the provisions of this Article would give right to compensation, arose sub-
sequent to the beginning of the first compensable disability save only to
after-born children of a marriage existing at the beginning of such dis-
ability.

Where compensation is payable for an occupational disease, the em-
ployer in whose employment the employee was last injuriously exposed
to the hazards of such disease, and the insurance carrier, if any, on the
risk when such employee was last so exposed under such employer, shall
be liable therefor; the amount of the compensation shall be based upon the
average wages of the employee when last so exposed under such employer;
and the notice of injury and claim for compensation, as hereinafter re-
quired, shall be given and made, to such employer; provided, however,
that in case of silicosis or asbestosis the only employer or insurance carrier
liable shall be the last employer in whose employment the employee was