THEODORE R. MCKELDIN. GOVERNOR 759

26. (a) Written notice shall be given to the employer of
an occupational disease by the employee or someone in his
behalf within [ten (10)] thirty (30) days after the [first
distinct manifestation] employee has actual knowledge
thereof, and in the case of death from such an occupa-
tional disease, written notice of such death shall also be
given to the employer within thirty (30) days thereafter.
THE FAILURE TO GIVE SUCH NOTICE, UNLESS
EXCUSED BY THE COMMISSION EITHER ON THE
GROUND THAT NOTICE FOR SOME SUFFICIENT
REASON COULD NOT HAVE BEEN GIVEN, OR ON
THE GROUND THAT THE STATE ACCIDENT FUND,
INSURANCE COMPANY, OR EMPLOYER, AS THE
CASE MAY BE, HAS NOT BEEN PREJUDICED
THEREBY, SHALL BE A BAR TO ANY CLAIM UN-
DER THIS ARTICLE, PROVIDED, HOWEVER, THAT
THE BURDEN OF PROVING THAT IT OR HE HAS
BEEN PREJUDICED BY SUCH FAILURE ON THE
PART OF THE EMPLOYEE OR BY DELAY IN GIVING
SUCH NOTICE SHALL BE UPON THE STATE ACCI-
DENT FUND, INSURANCE COMPANY, OR EM-
PLOYER, AS THE CASE MAY BE. Failure PROVIDED,
ALSO, FAILURE to give either of such notices shall be
deemed waived unless objection is made at a hearing on
the claim prior to any award or decision thereon. Actual
knowledge of an occupational disease and of exposure to
the conditions causing it, by the employer in whose em-
ployment the employee was last injuriously exposed, or
by the responsible superintendent in charge of the work,
shall be deemed notice of its contraction. If no claim for
disability or death from an occupational disease be filed
with the State Industrial Accident Commission within one
(1) year from the date of disablement or death, as the
case may be, the right to compensation for such disease
shall be forever barred; provided, however, that the failure
to file a claim within the time limited herein shall be
deemed waived unless objection to such failure be made
at a hearing on such claim before any award or decision
thereon. Notice or claim shall be deemed waived in case
of disability or death where the employer or insurance
carrier makes compensation payments therefor, or within
the time above limited, the employer or his insurance car-
rier by his or its conduct leads the employee or claimant
reasonably to believe that notice or claim has been waived
by his or its affirmative conduct.

(b) Whenever a disability from an occupational disease
occurs to any employee it shall be the duty of the employer