HARRY HUGHES, Governor

2431

(1)  SUCH DISEASE IS DUE TO THE NATURE OF AN
EMPLOYMENT IN WHICH THE HAZARDS OF THE DISEASE ACTUALLY
EXIST, AND IT MAY REASONABLY BE CONCLUDED, BASED ON THE
WEIGHT OF THE EVIDENCE, THAT THE DISEASE WAS INCURRED AS A
RESULT OF HIS EMPLOYMENT; OR

(2)  THE MANIFESTATIONS OF THE DISEASE ARE
CONSISTENT WITH THOSE KNOWN TO RESULT FROM EXPOSURE TO A
GIVEN PHYSICAL, BIOLOGICAL, OR CHEMICAL AGENT ATTRIBUTABLE
TO HIS TYPE OF EMPLOYMENT, AND IT MAY REASONABLY BE
CONCLUDED, BASED ON THE WEIGHT OF THE EVIDENCE, THAT THE
DISEASE WAS INCURRED AS A RESULT OF HIS EMPLOYMENT.

(C) FOR PURPOSES OF THIS SECTION, A DISEASE IS

PRESUMED TO BE AN "OCCUPATIONAL DISEASE" IF THE

MANIFESTATIONS OF THE DISEASE ARE CONSISTENT WITH THOSE

KNOWN TO RESULT FROM EXPOSURE TO A GIVEN PHYSICAL,

BIOLOGICAL, OR CHEMICAL AGENT, AND IN WHICH THERE IS A
REASONABLE LIKELIHOOD THAT THE INJURIOUS AGENT IS OR WAS
PRESENT IN THE WORKING ENVIRONMENT.

[ [ (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 disability or death shall be
due to the nature of the employment in which the hazards of
such disease actually exist and to a reasonable degree of
medical certainty is attributable to his type of employment,
and is actually incurred in his employment.[, provided
such disability or death shall occur within seven (7) years
after the employee has knowledge that he has been affected
by silicosis, asbestosis, or other pulmonary dust disease.]

[24.

(a) 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
occupation within the provisions 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 employed 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.

(b) Compensation shall be payable for silicosis,

asbestosis or other pulmonary dust disease in the same
manner as provided in § 36(4) of this article for other

cases of disability. In the event of total disability or

death from silicosis, asbestosis, or other pulmonary dust
disease, compensation shall be payable to employees and
their dependents in the same manner and in the amounts as