Exposure; presumptions; joint employers
Sec. 33. (a) An employee shall be conclusively deemed to have
been exposed to the hazards of an occupational disease when for any
length of time, however short, he is employed in an occupation or
process in which the hazard of the disease exists. The employer
liable for the compensation provided for in this chapter shall be the
employer in whose employment the employee was last exposed to the
hazards of the occupational disease claimed upon regardless of the
length of time of the last exposure. In cases involving silicosis or
asbestos, the only employer liable shall be the last employer in
whose employment the employee was last exposed during the period
of sixty (60) days or more to the hazard of the occupational disease.
In cases involving silicosis or asbestos, an exposure during a period
of less than sixty (60) days shall not be considered a last exposure.
The insurance carrier liable shall be the carrier whose policy was in
effect covering the employer liable on the last day of the exposure
rendering the employer liable, in accordance with the provisions of
this chapter.
(b) Whenever any employee for whose disability or death
compensation is payable under this chapter shall, at the time of the
last exposure, be exposed in the joint service of two (2) or more
employers subject to the compensation provisions of this chapter, the
employers shall contribute to the payment of the compensation in
proportion to their wage liability to the employees. Nothing in this
section shall prevent any reasonable arrangements between
employers for a different distribution between themselves of the
ultimate burden of compensation.
(Formerly: Acts 1937, c.69, s.26; Acts 1957, c.353, s.3.) As amended
by P.L.224-1985, SEC.4.
Last modified: May 27, 2006