SPIRO T. AGNEW, Governor                         263

23.

(c)    An employer shall not be liable for any compensation for
an occupational disease unless such disease, except in case of
silicosis, asbestosis or other pulmonary dust disease, shall be due
to the nature of an employment in which the hazards of such disease
actually exist, AND TO A REASONABLE DEGREE OF MEDICAL
CERTAINTY IS ATTRIBUTABLE TO HIS TYPE OF EMPLOY-
MENT, [, are characteristic of and peculiar to the trade, occupation,
process, or employment,] and is actually incurred in his employment
and unless disablement or death results within one (1) year after the
last injurious exposure to such disease in such employment, 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.

23.

(d)    When disability or death of an employee shall be due to
silicosis, asbestosis or other pulmonary dust disease, the employer
shall be liable for compensation if such disease causing such dis-
ability or death shall be due to the nature of the employment in
which the hazards of such disease actually exist, AND TO A REA-
SONABLE DEGREE OF MEDICAL CERTAINTY IS ATTRI-
BUTABLE TO HIS TYPE OF EMPLOYMENT, [, are character-
istic of and peculiar to the trade, occupation, process, or employ-
ment,] and is actually incurred in his employment, provided such
disability or death shall occur within five (5) years after the em-
ployee shall be found to be affected by silicosis, asbestosis, or other
pulmonary dust disease.

24.

(b) [Compensation shall not be payable for partial disability
due to silicosis, asbestosis or other pulmonary dust disease; provided,
however, that if an employee has demonstrable evidence of silicosis,
asbestosis or other pulmonary dust disease and his capacity for work
has thereby been impaired to an extent not amounting to total
permanent disability, compensation shall be payable in the amount of
$1,000.00, which payment shall be made in a lump sum or in periodic
installments in the discretion of the Commission, and shall be a final
payment and operate as a full release by the employee for compen-
sation and for any claim against the employer or subsequent
employers that the employee may have for silicosis, asbestosis or
other pulmonary dust disease and irrespective of whether the
employee thereafter continues in the same employment he would not
have the right to receive any further compensation or make claim
because of silicosis, asbestosis or other pulmonary dust disease
against his employer or against any subsequent employer, subject,
however, to the right of the employee to receive payment of com-
pensation for permanent total disability and to dependents of such
employee to receive compensation for his death as a direct result of
silicosis, asbestosis or other pulmonary dust disease, provided said
permanent total disability and/or death results within five years
of the date of the original award entered in the case. In the event of
total disability or death from silicosis, asbestosis or other pulmonary
dust disease, compensation shall be payable to employees and their