HERBERT R. O'CONOR, GOVERNOR. 997

incurred in his employment and unless disablement or death
results within three (3) years in case of silicosis or asbestosis,
or one (1) year in case of any other occupational disease,
after the last injurious exposure to such disease in such em-
ployment, or, in case of death, unless death follows continuous
disability from such disease, commencing within the period
above limited, for which compensation has been paid or
awarded or claim made as provided in this Article, and results
within seven (7) years after such last exposure.

32D. In the absence of conclusive evidence in favor of the
claim, disability or death from silicosis or asbestosis shall be
presumed in fact not to be due to the nature of any occupa-
tion within the provisions of Section 32A of this Article, unless
during the ten (10) years immediately preceding the date of
disablement the employee has been exposed to the inhalation
of silica dust or asbestos dust over a period of not less than
five (5) years, two (2) years of which shall have been in this
State, under a contract of employment existing in this State,
provided, however, that if the employee shall have been em-
ployed by the same employer during the whole of such five-
year period, his right to compensation against such employer
shall not be affected by the fact that he had been employed
during any part of such period outside of this State.

Compensation shall not be payable for partial disability due
to silicosis or asbestosis. In the event of total disability or
death from uncomplicated silicosis or asbestosis, compensation
shall be payable to employees and their dependents as fol-
lows: If disablement occurs, or, in the case of no claim for
prior disablement, if death occurs in the calendar month in
which this sub-title becomes effective, the total compensation
and death benefits payable shall not exceed the sum of Five
Hundred Dollars ($500. 00). If disablement occurs, or, in the
case of no claim for prior disablement, if death occurs during
the next calendar month, the total compensation and death
benefits payable shall not exceed Five Hundred and Fifty Dol-
lars ($550. 00). Thereafter the total amount of compensation
for death and benefits payable for total disability and death
shall increase at the rate of Fifty Dollars ($50. 00) per month;
the aggregate payable in each case to be limited according
to the foregoing formula for the month in which total dis-
ability occurs, or, in case of no claim for prior disability, in
which death occurs. Such progressive increase in the limita-
tion of the total amount in any event payable for total perma-
nent disability and death due to silicosis or asbestosis shall
continue only until such total amount equals but does not
exceed the sums which would be payable to the particular em-
ployee or his dependents; had such total permanent disability
and death been due to an accidental injury.