Document NeJpKarZ57GzvNrpJYBQezQ9w

FILE NAME: New York State & NY Times (NY) DATE: 1944 DOC#: NY082 DOCUMENT DESCRIPTION: New Jersey Workers' Compensation Law [See 2b] [Port Authority was a Member of ASME 1934-1935] * r : *' ' 186 CHAPTEB 88, LAWS OP 1944 CHAPTER 88 A n A ct establishing an elective system of com pensation for the occqpational diseases known as silicosis and asbestosis, and regulating pro cedure for the determination of liability and compensation thereunder, and supplementing chapter fifteen of Title 34 of the Revised Stat utes. . CMtU-JS.l. Ibr atad t* CM tlS-UO. 6y Senate and General Assem bly f lbe State of New Jersey: . 1. Employer and employee may elect to accept or not to accept the provisions of this act. Such election in respect to the provisions of this act may be made m like manner as provided in sections 34:15-7 to 34:15-11 of the Revised Statutes in re- l>ect to accidents. When employer and emplovec have accepted the provisions of this act every such employee who, in the regular course of his employ ment, suffers total disability or death as the result if 8ili8i8 ?r asbestosis, as hereinafter defined, snail be entitled to workmen's compensation, as hereinafter provided in this act 2. Definitions: (a) " Silicosis" means a disease of the lungs, due to breathing air containing silicon dioxide (SiO,) dust characterized anatomically by generalized fibrotic changes in the lungs, with a de velopment of miliary nodulation, demonstrable by X-ray examination or by autopsy, resulting from any process or occupation involving the inhalation of silicon dioxide (SiO>) dust (b) ``Asbestosis" means a disease of the lungs, due to breathing air containing asbestos dust char- actenzed anatomically by generalised fibro&fe changes m the lungs, demonstrable by X-ray ex animation or by autopsy, m v lifo g from any process or occupation involving the " * " ~ asbestos dust. C H A PT E R 88, LAW S OF 1944 187 (c) Tbe word " disability" means tbe state of an employee's being actually incapacitated, because of silicosis or asbestosis, from performing his work in tbe last occupation in wbicb be was injuriously exnosed to tbe hazards of such disease. The word " disablement" means tbe event of being so in capacitated. 3. Where an employee suffers from silicosis or asbestosis us defined in section two of this act, and is thereby totally disubled, as disability is herein defined, or dies as a result of such disease, and the disease was due to tbe nature of said lust occupa tion, in which be was employed within the period previous to bis disablement as limited in this sec tion and in sections four and five of this act, if he iand bis employer in such occupation were then sub- 'ect to this act, tho employee, or in ense of his denth lis dc]>endcnts shall, except as otherwise provided in this net, be entitled to compensation in the amount and pnvnble in tbe manner provided in ar ticle two of chapter fifteen of Title 34 of the Re vised Statutes, ns if such total disability, as herein defined, or death resulted from injury by accident. No compensation shall be payable for silicosis or asbestosis if the employee, at the time of entering into the employment of the employer by whom the compensation would otherwise be payable, falsely represented himself in writing as not having previ ously been disabled, laid oft, or compensated in damages or otherwise, because of either of such diseases. Where .silicosis or asbestosis is aggravated by any other disease or injury, not itself compensable, or where disability from any other cause, not itself compensable, is aggravated, prolonged, accelerated or in anywise contributed to by silicosis or as bestosis, or where denth from any other cause, not itself compcnsnble, is accelerated or in anywise contributed to by silicosis or asbestosis, the com pensation pnvnble shall be reduced and limited to such proportion only of the compensation that would be pnvnble if silicosis or asbestosis "Diabilitr." C. 14:15-15.1. E ntitled to compel! a t t i o n . No compen m * tion payable. Compenaatioa reduced. c f.vr- S \ t M > e ./ <t .V . .V * I*-' 188 Rr CHAPTER 88, LAWS OF 1944 w were the sole cause of tbe disability, as herein ( f t ' defined, or death, as silicosis or asbestosis, 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 indicated by the circumstances of the particular case. * Niwwia tefoMfeuk. comPensa^on f r death from silicosis or asbestosis shall be. payable to any person whose relationship to the deceased, which, under the provisions of this act would give a right to com pensation, arose subsequent to the loginning of the first compensable disability, as herein defined, save only to nfterborn children. Am u I of eoapcnMtka. Where compensation is payable for silicosis or asbestosis under this act, the employer in whose employment the employee was last injuriously ex posed to the hazards of such disease for sixty days or more, and the insurance carrier, if any, on the risk when such employee was last so exposed under such employer, shall alone be liable therefor; the amount of the compensation shall be based upon the wages, as defined in section 34:15-37 of the Re vised Statutes, of the employee when last so ex posed under such employer; and the notice of injury and claim for compensation, as hereinafter required in section six of this act, shall be given and made to such employer. An employer shall not be liublc for any com pensation for silicosis or asbestosis unless such disease shall be due to the nature of an employ ment in which the hazards of such disease actually exist and are characteristic of and peculiar to the trade, occupation, process or employment, and was actually incurred in his employment, and unless total disability, as herein denned, or death results within three years after the last injurious exposure to such disease in such employment, or, in case of death, unless death follows continuous total dis ability, as herein defined, from such disease, com mencing within the period above limited, for which C H A PTER 88, LA W S OF 1944 189 compensation has been paid or awarded or claim filed as provided in this act and results within seven years after such last exposure. 5. In the absence of conclusive evidence in favor of the claim, disability, as herein defined, or death shall be presumed in fact not to be due to the nature of any occupation within the provisions of section two of this act, unless during the ten years immediately preceding the date of disablement the employee has been exposed to the inhalation of silicon dioxide (SiOz) dust or asbestos dust, as the case may be, over a period of not less than five years, one year 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 nffected by the fact that he haa been employed during any part of such period outside of this State. Neither compensation nor damages shall be payable for partial disability due to silicosis or asbestosis in respect to any employee subject to the provisions of this act, nor shall there be any lia bility in tort for damnges for total disability or for deatn from silicosis or asbestosis. In the event of total disability, as herein defined, or death from uncomplicated silicosis or asbestosis, compensation shall, except ns otherwise provided in this act, be payable to employees and their dependents as follows : (a) Compensation for total disability, as herein defined, or death shall be paid as specified in paragraph b of section 34:15-12 of the Revised Stat utes; except ns provided in pnrngrnph (b) of this section. (b) If disablement occurs, or, in the case of no claim for prior disablement, if death occurs, in the calendar month in which this act becomes effective, the total compensation payable, whether for dis ability, as herein defined, or death or both, shall not c m :is -js .j . . P roviw . --r-- =or SLbky. coiDentii *",r*"*- t 190 CHAPTER 88, LAWS OF 1944 C }4:IS-JS.6. Written notice (iecn. C U im tarred. exeeed the sum of one tbousund dollars ($1,000.00). If disablement occurs, or, in the case of no claim for prior disablement, if death occurs, during the next calendar month, the total compensation pay- iLnot^ ceed onc thousand and fifty dollars ($1,050.00). Thereafter tbo total amount of com pensation for denth and total disability, as herein defined, shall increase at the rate of fifty dollars ($50.00) per month; the aggregate amount pavahle to be limited according to the foregoing formula for the month in which total disability, as herein defined, occurs, or, in case of no claim for prior dis ability, in which death occurs. Such progressive increase in the limitation of the total amount in any event payable for total disability, as herein defined, and denth due to silicosis or asbestosis shall con tinue only until such total amount equals but does not exceed the sums which would he payable to the particular employee or his dependents had such total disability, as herein defined, and death been due to an injury by accident. fi. Unless the employer during the continuance of the employment shall have actual knowledge that the employee has contracted silicosis or ashestosis, or unless the employee or someone on his behalf, or some of his dependents, or someone on their behalf, shall give the employer written notice thnt the employee has contracted a compensable disease, which notice to he effective must bo given within three years ami ninety days after his last injurious exposure to such disease in such employ ment, and also in case of denth from silicosis or asbestosis unless written notice of such denth shall he given to the employer within ninety days there after, no compensation shall he payable on account of the denth or disability, ns herein defined, of the employee enused hy silicosis or asbestosis. All claims for compensation for silicosis nr isbestosis shall he forever barred unless a petition is filed in duplicate with the secret a rv of the work men's compensation bureau, at the State House in Trenton, within one yonr^finm the date of disable- C H A PTER 88, LAW S OF 1944 191 ment or death, as the case may be, or in case uu agreement of compensation for silicosis or asbes- tosis lias been made between such employer and such claimant, then within one year after the fail ure of the employer to make payment pursuant to the terms of such agreement; or in ease a part of the compensation has been paid by such employer, then within one year after the last payment ot com pensation. . Whenever total disability, as herein defined, from silicosis or asbestosis occurs to any employee it shall be the duty of the employer promptly upon obtaining knowledge or notice thereof to at once report such disability in the manner specified in article six of chapter fifteen ot Title 34 ot the Re vised Statutes: hut nothing in such report shall be construed to amount to an admission ot tact on the part of the employer of anything therein reported. This act shall not apply to cases of silicosis or Act noto asbestosis in which the last injurious exposure to |,|,lr- the hazards of such diseases occurred before the effective date of this act. 7. Any employer, employee, beneficiary or per- c. .us-js.;. sou feeling aggrieved by any decision ot the work- Ap,,*,j1, men's compensation bureau affecting his interests under this act may appeal the same in the manner provided in sections 34:1;>--((>, .54:1>--(>b.l and 34:lf>-f>7 of the Revised Statutes. 8. Except as otherwise provided in this act, the c..uasis.s. provisions of articles two to six, both inclusive, of cAj;^ r,' chnpter fifteen of Title 34 of the Revised Statutes applicable to workmen's compensation for injury or death by accident, including compulsory insur ance, insurance carriers, and insurance rates, shnll apply to employers, employees and insurance car riers subject to this act. 0. This act shall take effect on January first, one ^ tl1v5tJS'- thousand nine hundred and forty-five. Approved April 10, 1944.