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Session Laws, 1951
Volume 603, Page 745   View pdf image (33K)
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THEODORE R. MCKELDIN. GOVERNOR 745

hereby repealed, and that Section 22 SECTIONS 22 AND
29 of Article 101 of said Annotated Code, title "Work-
men's Compensation, " sub-title "Occupational Diseases, "
be and it is hereby repealed and re-enacted, with amend-
ments, to read as follows:

22. (a) Where an employee of an employer subject to
this Article suffers from an occupational disease, [as here-
inbefore listed, ] and is thereby disabled from performing
his work in the last occupation in which he was injuri-
ously 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] the occupation or process, [described in
Section 21 hereof, ] in which he was employed within the
period previous to his disablement as limited in Sections
23 and 24 hereof, the employee, or, in case of his death, his
dependents shall be entitled to compensation in the amount
and payable in the manner provided elsewhere in this
Article, as if such disablement or death were an injury by
accident, except as otherwise provided in Sections [21] 22
to 30 hereof; and the practice and procedure prescribed
elsewhere in this Article shall apply to proceedings for
compensation for such diseases, except as in said Sections
[21] 22 to 30, and Sections 53, 57 and 67, as hereby
amended, otherwise provided.

(b) No compensation shall be payable for an occupa-
tional disease if the employee, at the time of entering into
the employment of the employer by whom the compensa-
tion would otherwise be payable, falsely represented him-
self in writing as not having previously been disabled,
laid off, or compensated in damages or otherwise, because
of such disease.

(c) 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 per-
centage of such contribution to be determined by the
Medical Board, as hereinafter 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 reducing the
number of weekly or monthly payments or the amount of
such payments, as under the circumstances of the particu-


 

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Session Laws, 1951
Volume 603, Page 745   View pdf image (33K)
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