Document XOV5zkpJVrOGzG03gzDYnQDvw

FILE NAME: Hampshire (HAMP) DATE: 1937 DOC#: HAMP105 DOCUMENT DESCRIPTION: PA Law - "Occupational Disease and Compensation Act" 2714 ' Tllle. .-rrupatlonal (iiSUUBVfl. LAWS OF PENNSYLVANIA, No. 552 . A SUPPLEMENT To the act, approved the second day of June, one thousand nine hundred fifteen (Pamphlet Laws, seven hundred thirty-six), entitled, as amended "An act defining the liability of an em ployer to pay damages for injuries received by an employe in the course of employment; establishing a system and schedule of compensation; providing procedure for the determination of liability and compensation thereunder; and prescribing pen alties," as amended and re-enacted, providing for the inclusion of occupational diseases within the scope thereof, and providing definitions, provisions, and procedure related to such diseases; and making an appropriation. Be it enacted, &c., That, Section 1. This act shall be known, and be cited, as tho " Occupational Disease Compensation Act." Section 2. The term " occupational disease" as used in this act shall mean and include the following diseases: (a) Poisoning by lead, mercury, arsenic, or man ganese, their preparations or compounds, in any occu pation involving direct contact with, handling thereof, or exposure thereto. (b) Poisoning by phosphorus, its preparations or compounds, in any occupation involving direct contact with, handling thereof, or exposure thereto. (e) Poisoning by methanol, carbon bisulphide, hydro carbon distillates (naphthas and others), or halogenated hydro carbons, or any preparations containing these chemicals or any of them, in any occupation involving direct contact with, handling thereof, or exposure thereto. ] (d) Poisoning by benzol, or by nitri, amido, or amino derivatives of benzol (dinitro-benzol, anilin, and others), or their preparations or compounds, in any occupation involving direct contact with, handling thereof, or ex posure thereto. (e) Caisson disease (compressed air illness) resulting from engaging in any occupation carried on in com pressed air. (f) Radium poisoning or disability, due to radioactive properties of substances or to Roentgen-ray (X-rays) in any occupation involving direct contact with, hand ling thereof, or exposure thereto. (g) Poisoning by, or ulceration from, chromic acid, or bichromate of ammonium, potassium, or sodium or their preparations, in any occupation involving direct coutact with, handling thereof, or exposure thereto. (h) Epitheliomatoua cancer or ulceration due to tar, pitch, bitumen, mineral oil, or paraffin, or any com pound, product or residue of any of those substances, in any occupation involving direct contact with, handling thereof, or exposure thereto. % ft SESSION OF 1937. , 37If, (i) Infection or inflammation of tlie skin or other con tact surfaces, due to oils, cutting compounds, lubricants, ' dust, liquids, fumes, gases, or vapor, in any occupation involving direct contact with, handling thereof, or ex posure thereto. (j) Anthrax occurring in any occupation involving the handling of or exposure to wool, hair, bristles, hides, or skins, or bodies of animals either alive or dead. (k) Silicosis or anthraco-silieosis in any occupation involving direct contact with, handling of, or exposure to dust of silicon dioxide (SiO,). (l) Asbestosis in any occupation involving direct con tact with, handling of, or exposure to the dust of asbestos. Section 3. The several provisions of the Workmen's Th workiTM' Compensation Act, to which this act is a supplement, Act"mS c0"* sliall be applicable to this act insofar as they are con- sistent with terms hereof. In applying the Workmen's in applying iim Compensation Act to this act, the Workmen's Compensa- S m S iio n tion Act shall be construed as including, in addition to Acl*l,le " in jury" and " personal injury" by accident, " occu- occupational' pational disease" and the resultant effects thereof, in- ,, ^ ""niit "cir!'" eluding death. The word " disabled," as herein used, iim n o t. incimi- means disabled from earning full wages in the employ- ^ 'a ment in which the employe was employed. "`"'s " Disability" as used herein means the state of being so disabled. The date when the disability occurs from occupational disease shall be deemed to be the date of injury or accident. Section 4. When an employer and employe shall be compensation subject to the provisions of article three of the Work- diIonsaCp a id 0inl1 men's Compensation'Act as therein provided, compensa- wS?kt^"n* comtion for occupational disease shall be paid in all cases by pm sation Act. the employer according to the schedule provided in such Vnd ''in-"' act, subject, however, to the special terms and condi- jj,ltl'>n' 1,1 ",l!1 tions relative thereto as set forth in this act. Section 5. (a) Compensation for silicosis or anthraco- silieosis, or silicosis, anthraco-silieosis complicated by in- pm a only wimr fection, and asbestosis, shall be paid only when it is pTM inyi?iia shown that the employe has had an aggregate employ- " 0 ttRcn7f'<iurt>n,; ment of at least two years in the Commonwealth of the eight years ' Pennsylvania., during a period of eight years next pre- 5fsx,,Vimye'',l,"K ceding the date of disability, in an occupation having a silica or asbestos hazard. (b) Compensation shall not be payable for partial Partial disability due to Bilicosis, anthraco-silieosis, or asbestosis. dla"b",,)r Compensation shall be payable,-as otherwise provided *otal dl8al'1"13' in this act, for total disability or death caused primarily POlh' (as definitely distinguished from a contributory or ac celerating cause) by silicosis, anthraco-silieosis, or asbestosis, or by silicosis, anthraco-silieosis, or asbestosis, when accompanied by active pulmonary tuberculosis or LAWS OF PENNSYLVANIA, I'rcsum ptlon ns lo o rig in of o c c u p a tio n a l disease. Ilobuttablc. la b ility result-* lug w ith in two years a fte r Inst ex p o su re, or in ease o f death w ith in five yenra of la st exposure. W o rk m en 's C om pensation Board. Tart payment by tho Com monwealth in certain eases. $100,000 appro priated to carry out purpose of paragraph (a) of tb it section streptococcic infection of the lung. The total liability of the employer unto the employe or his dependents under this section shall not exceed the sum of thirty-six hundred dollars ($3600). Section 6. (a) If it shall be shown that the employe, at or immediately before the date of disability, was em ployed in any process or employment set forth in section two, it shall be presumed that the occupational disease is due to the nature of that employment This presump tion, however, shall not bg conclusive. (b) An employer shall be liable for the payments prescribed by this act for the occupational diseases de scribed in section 2 hereof when disability of an em ploye, resulting in loss of earnings, shall be due to an employment in a hazardous occupation in which he was employed and such disability results within two years after the last exposure in such employment, or in case of- death resulting from Buch exposure, if such death occurs within five years following disability from such disease. Section 7. (a) In the case of such occupational dis eases as the Workmen's Compensation Board shall deter mine develops to the point of disablement only after an exposure of five or more years, the compensation for disability or death due to such diseases shall, for a period of ten years immediately succeeding the effective date of this act, be payable jointly by the Commonwealth and the employer, as follows: If disability occurs, or if no compensable period of disability ooours if death occurs, during the first year in which this act becomes effective, the employer shall be liable for and pay onetenth of the compensation for such disability or death, and the remainder of such compensation Bhall be paid by the Commonwealth out of moneys to the credit of the Second Injury Reserve Account in the State Work men's Insurance Fond. Thereafter for each successive year of such ten-year period in which disability occurs, or if no compensable period of disability occurs if death occurs, the employer shall be liable for and shall pay one-tenth more of such compensation, and the remainder of such compensation shall be paid by the Common wealth out of moneys to the credit of the Second Injury Reserve Account in the State Workmen's Insurance Fund. After the expiration of such ten-year period, the employer shall pay the compensation for disability or death occurring thereafter in full. (b) The sum.of one hundred thousand dollars ($100,- 000.00) is hereby appropriated out of the General Fund to the State Workmen's Insurance Board, for payment into the State Workmen's Insurance Fund to the credit of the Second Injury Reserve Account, and is hereby appropriated for the carrying out of the purposes of paragraph (a) o f .this section. The aforesaid sum of SESSION OP 1937. one hundred thousand dollars ($100,000.00) shall as soon as practical be repaid into the General Fund of the State Treasury out of moneys to the credit of the Second Injury Reserve Account in the State Workmen's Insur ance Fund, and such moneys are hereby appropriated to the State Workmen's Insurance Board for this pur pose. Section 8. In any action brought after the effective date of this act in any court by an employe against his employer who has elected not to be bound by the provisions of Article III of the Workmen's Compensa tion Act, and such action is based upon a claim by the employe for damages for personal injury resulting from an occupational disease, proof on the part of the employe rionr. that he had been subjected to a physical examination by such employer and that he had been discharged by such employer within one year after such examination, or proof of discharge by such employer and the further fact that the employe was unable to secure other employ ment within six months of the date of such discharge by reason of the presence of an occupational disease in any stage, shall be prima facie evidence of negligence on the prim.i rncio part of such employer. In any such action it shall not ^iYTMcr be a defense on the part of any employer-- (a) That the injury was caused in whole or in part by the negligence of a fellow employe; or p>:' (b) That the employe had assumed the risk of the employment; or (c) That the injury was caused in any degree by the negligence of such employe; or (d) That the employe was exposed to the hazard of such disease in any other employment more than two years prior to the date of such action. The Statute of Limitations in any such action for S ia tu le of personal injury resulting from an occupational disease Llm,tBl,on"- shall commence to run from the date of the lust exposure to the hazards of such disease in the employment of the defendant. Section 9. The employer in whose employment the npirer nn`l employe was last exposed m a hazardous occupation carrier liable, and the insurance carrier, if any, who was on the risk at the time of the last exposure in snch employment, shall be liable for any payments required by this act. The notice of injury and claim shall be made to such Notice or injur employer. "nd c]!" m Section 10. In all cases involving claims for silicosis, anthraco-silicosis, except in-those cases wherein there are no controverted medical issues, between the parties, the Workmen's Compensation Board or Referee shall appoint a Medical Advisory Board composed of one or more duly qualified, impartial physicians or surgeons or experts in accordance with section 420 of the Work-