Document x58NVjV5GpDonQq94O4b3m1VE
*
Industrial Hygiene foundation
by
Theodore C. Waters Chairman, Legal Coasitjtee Industrial Hygiene foundation
CONTEXTS
lA Me* TSTk State Aaeadnent. ............ 1
Iowa Statute. ..... .................................................... 2
Sevada Statste.............................................................................. 4
South Dakota Statute................................................................. 5
Tennessee Statute ................................................................. 7
Texas Statute .......................... ........... 8
Montana Comission. ...............10
Versont Coaciission.
...................... .... .... 11
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1. Effective date of Act - March 12, 1947.
2. Schedule of compensable diseases: (See Item 6 below)
Lead poisoning Metal fume fever Silicosis
Benzol poisoning Dermatitis
Miner's disease, including only cellulitis, bursitis, nystagmus, ankylostomiasis, tenosynovitis
Anthrax Asbestosis Chronic manganese poisoning
3. Compensation is payable for partial disability, total disability or death resulting from occupational disease in the same manner es compensation is payable under the Korkmen's Compensation law for injury by accident.
4. Medical Board
(No provision)
5. Limitations
(a) An employee must give written notice to the employer within thirty (30) days after the first distinct manifestation of the disease
(b) Suit must be commenced within one yesr after the
beginning of incapacity for work resulting from an occupational disease, and if death resuita from the occupational disease, suit must be commenced within one yeor thereafter.
. Election of employer
c
By the provisions of Senate Bill No. 1088 (Chapter 197, Laws of 1947) an employer mey elect general coverage for any and all occu pational diseases.
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TEXAS
1. Effective date of the Act - The bill was signed by the Governor on April 19, 1947 and becomes effective ninety days after the adjournment of the Legislature (date of adjournment now not certain)
2. Schedule of compensable diseases:
Poisoning by?
Aluminum trioxide Arsenic Benzol or its bomologue6 and derivatives Beryllium Cadmium Carbon bisulphide Carbon dioxide Carbon monoxide Chlorine Cyanide Formaldehyde Ealogeneted hydrocarbons Hydrochloric acid Hydrofluoric acid Hydrogen sulphide Lead MEngenese Mercury Methanol (wood alcohol) Methyl chloride Nitrous fumes Nitric acid Petroleum or petroleum products Phosphorus Selenium Sulphuric acid Sulphur dioxide Sulphur trioxide Tellurium Thallium Zinc
Anthrax caused by handling of wool, hair, bristles, hides snd skins
Blisters caused by prolonged or repeated use of tools or mechanical appliances
Synovitis, tenosynovitis, or bursitis due to an occupation involving continual or repeated pressure on the parts affected
Chrome ulceration Compressed air illness Dermatitis, that is, inflammation of the skin due to oil, cutting
compounds or lubricants, dust, liquids, fumes, gases or vapors
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TEX AS (Cont' a)
Diseased condition caused by exposure to x-rays or radio active substances
Diseased condition Df the eyes due to electric arc and welding, and cataract in glcss workers
Epitheliomstous cancer or ulceration of the skin or of the corneel surface of the,eye caused by tar, pitch, bitumen, mineral oil or paraffin or ary compound, product, or resi due cf eny of these substences
Glanders and other diseased conditions caused by handling eny equine animal, or the carcass of any such animal
Infectious or contagious disease contracted in the course of employment in or in immediate connection with a hospital or sanatorium in which persons or animals suffering from such disease are cared for or treated
Nystagmus incurred in underground work Asbestosis Silicosis
5. Special provisions for silicosis and asbestosis (a) Compensation is payable for partial disability, total disability and death (b) Limitation of monetary liability
If incapacity or death occurs within the first twelve souths after the effective date of the let, compensation limited to 20? of the number of weeks of eoapenasticn otherwise payable for such incapacity or death; this amount is increased in each succeeding twelve months period by an additional 20? of the number of weeks of compensation otherwise payable for such incapacity or death until the amount attained equals the amount payable for incapacity in the 6ase manner bad such incapacity or death been due to an injury other than an occupational disease.
4. Vedical Board
Upon motion by either party the "Workmen's Compensation Board shall appoint medical committee of three doctors who she.ll examine the claimant and report to the Board its opinion regarding all medical questions in the case. The opinion of the medical committee is advisory to the Board.
5. Limitations:
An employee shall give notice to the employer thirty (SO) days after the first distinct manifestation of the disease and file claim within six months efter the first distinct manifestation of the disease, or in case of death within six months after date of death. The Workmen's Compensation Board may, in meritorious cases, waive strict compliance with the foregoing limitations as to notice, and the filing of the claim before the Board.
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