§ 22-3-7-33 — Exposure; presumptions; joint employers

Indiana § 22-3-7-33

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

Text

(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.