Document Lg71X9bVmN7ONXe37O0V8EbXd

FILE NAME: Hampshire (HAMP) DATE: 1947 DOC#: HAMP108 DOCUMENT DESCRIPTION: TN Law - Occupational Diseases Section 536 Public Acts, 1947 [Chapter 138 Circuit Court as distinguished from said monthly terms, ami shall stand for trial in the regular way. S ec. 3. Be it further enacted, That the juris diction of said Circuit Court at said monthly terms herein provided for shall be limited to the trial of non-jury cases, eases appealed from Justice of the Peace Courts, divorce cases and other cases involv ing domestic relations, equity cases coming within the jurisdiction of the Circuit Courts under the general law, and to the hearing aiul disposition of all issues and questions arising on demurrers, dila tory pleas, motions, and applications to amend pleadings in any civil case pending in said Court. S ec. 4. Hr it further enacted, That this Act shall be liberally construed and interpreted, and its provisions arc hereby declared to be severable. If any of its sections, provisions, sentences or phrases arc held to be unconstitutional or void, the remainder shall remain in full force and effect, it being the legislative intent now hereby declared that this Act. would have been adopted and passed even if such unconstitutional or void matter had not been included herein. S ec. 5. lie it further enacted, That all laws or parts of laws in conflict with this Act he and the same are hereby repealed. S ec. 6. Be it further enacted, That this Act take effect from and after its passage, the public wel fare requiring it. Chapter 139] P ublic Acts, 1947 537 P assed: March 5, 1947. .W B. L kwau.kn, Speaker of the. House of Bepreseiilutires. (1Koiuj!: 0 . B uxton, Speaker of the Senate. Approved: March 11, 1947. Jim M i C ouii, ( i o r e n m r . CHAPTER NO. 139 Nk n a x k B i l l N o. 417 (By Hagan) A B IL L to be en titled : "An A ct to am end Section (1852, 0854, 0858, 6874, G877, 0878, 0879, 0880, G88I, 088:1, (884 and 0890 of the Code of Tennessee," said Sections bcinj? p a rts o f (lie W orkm en's Compensation Law of Tennessee. S uction 1. B e it enacted by the. d e l i m i t .issc.ni bly of the State of Tennessee, That Section 0852 of the Code of Tennessee be amended hv striking there from subsection (d) and inserting in lieu thereof new subsection (d) as follows: " (d) Injury and personal injury shall mean any injury by accident arising out of and in the course of employment and shall include certain occupational diseases arising out of and in the course of employment which cause either disable ment or death of the employee resulting from the hereinafter named occupational diseases. The fol 538 P ublic Acts, 1947 [Chapter 139 lowing diseases only shall be deemed to he occu pational diseases within he meaning of this Act : 1. Load poisoning 2. Metal fume fever 3. Silicosis 4. Benzol poisoning 5. Dermatitis 6. M iner's diseases, including only cellulitis, bursitis, nystagmus, ankylostomiasis, tenos- ynovitis. 7. Anthrax 8. Asbestosis 9. Chronic manganese poisoning." " As used in this law, the term `occupational disease' means one of the scheduled diseases aris ing out of and in the course of employment, as above set out. A disease shall be deemed to arise out of the employment only if there is apparent to the rational mind, upon consideration of all the circumstances, (1) a direct casual connection be tween the conditions under which work is per formed and the occupational disease, (2) it can be seen to have followed as a natural incident of 1 the work as a result of the exposure occasioned by the nature of the employment, (3) it can be fairly traced to the employment as a proximate cause, (4) it does not come from a hazard to which ; workmen would have been equally exposed out- Chapter 139] Public Acts, 1947 53D side of the employment, (5) it is incidental to the character of the business and not independent of the relation of employer and employee, and (l>) it must appear to have had its origin in a risk connected with the employment and to have flow ed from that source as a natural consequence, though it need not have been foreseen or expected before its contraction. " An occupational disease which an employee has on the effective date of this amendatory Act shall not be covered hereunder. An employee has an oeeupaional disease within the meaning of this law if the disease or condition has developed to such an extent that it can be diagnosed as an oc cupational disease. In every suit for compensa tion benefits, the burden shall be on the employee to prove that he did not have, as of the effective dale of this amendatory Act, the occupational dis ease for which he is seeking compensation. " When the employer and employee are sub ject to the provisions of the Workmen's Compen sation Act, the partial or total incapacity for work or the'death of an employee resulting from an ococcupational disease as herein listed and defined shall be treated as the happening of an injury by accident or death by accident, and the employee, or in case of his death his dependents, shall be entitled to compensaion as provided in Ibis Act. An employee who has an occupational disease that is covered by this law shall be entitled to the same hospital, medical and miscellaneous benefits as an > employee who has a compensable injury by acci* dent and in the event of death the same funeral benefit shall be paid as in the case of death from a compensable accident. 540 P ublic Acts, 1947 [Chapter 139 " When an employee has an occupational dis ease that is covered by this law as amended, the employer in whose employment ho was last in juriously exposed to the hazards of the disease, and the employer's insurance carrier, if any, at the time of the exposure, shall alone ho liable therefor, without rigid to contribution from any prior employer or insurance carrier. " W ithin thirty (30) days after the first dis tinct manifestation of an occupational disease the employee, or some one in his behalf, shall give w ritten notice thereof to the employer in the same manner as is provided in the case of a compen sable accidental injury. " The right to compensation for occupational disease shall be forever barred unless suit there for is commenced within one year after the be ginning of incapacity for work resulting from an occupational disease, and if death results from the occupational disease, unless a suit therefor be commenced within one year thereafter; provided, however, that if upon the date of the death of the employee the employee's claim has become bar red, the claim of his dependents shall likewise be barred, and in such case the claim shall be barred whether or not the employer gives the notice re quired by subsection (2) of Section 6884. " When an employee or prospective employee though not incapacitated for work, is found to be affected by or susceptible to a specific occupation al disease, he may, subject to the approval of the W orkmen's Compensation Division of the De- partmen of Labor of Tennessee, be permitted to waive in writing compensation for any aggrava Chapter 139] P ublic Acts, 1947 541 tion of his condition that may result from Jus working or continuing to work in the same or sim ilar occupation for the same employer or for another employer. All provisions of the Act in respect to accidents shall bo applicable to the cov erage provided herein for occupational diseases, except as otherwise provided herein." Skc. 2. Be it further enacted, That Section (1854 of the Code of Tennessee be amended by striking therefrom the words " Division of Factory Inspec tion" and inserting in lieu thereof the words " Di vision of Workmen's Compensation" . Sue. 3. Be it furl Iter enacted, That Section (J85H of the Code of Tennessee be amended by adding at the end of said Section (1858 the following: " Provided that where the amount of compen sation due a person under 18 years of age docs not exceed the sum of Two Hundred Fifty ($250.00) Dollars, the court may, in its discre tion, direct the amount of compensation due the minor be paid as provided by Section 10070 of the 1932 Code of Tennessee." S ec. 4. Be it further enacted, That Section (1874 of the Code of Tennessee be amended by changing the period at the end thereof to a semi-colon and in serting the following: " Provided that if within said one-year period voluntary payments of compensation are paid to the injured person or bis dependents, an action to recover any unpaid portion of the compensa tion, payable under this Act, may bo instituted