§ 22-3-7-10 — Definitions; course of employment

Indiana § 22-3-7-10

• Jurisdiction: Indiana
• Art. 3: WORKER'S COMPENSATION SYSTEM
• Ch. 7: Worker's Occupational Diseases Compensation

Text

(a) As used in this chapter, "occupational
disease" means a disease arising out of and in the course of the
employment. Ordinary diseases of life to which the general public is
exposed outside of the employment shall not be compensable, except
where such diseases follow as an incident of an occupational disease
as defined in this section.
(b) A disease arises out of the employment only if there is apparent
to the rational mind, upon consideration of all of the circumstances, a
direct causal connection between the conditions under which the work
is performed and the occupational disease, and which can be seen to
have followed as a natural incident of the work as a result of the
exposure occasioned by the nature of the employment, and which can
be fairly traced to the employment as the proximate cause, and which
does not come from a hazard to which workers would have been
equally exposed outside of the employment. The disease must be
incidental to the character of the business and not independent of the
relation of employer and employee. The disease need not have been
foreseen or expected but after its contraction it must appear to have had
its origin in a risk connected with the employment and to have flowed
from that source as a rational consequence.
Formerly: Acts 1937, c.69, s.6. As amended by P.L.144-1986,
SEC.61; P.L.28-1988, SEC.51.