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39-A §601. Short title

§601. Short title This chapter may be known and cited as the “Occupational Disease Law.”   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).] SECTION HISTORY PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF).

39-A §602. Application

§602. Application Except as otherwise specifically provided, incapacity to work or death of an employee arising out of and in the course of employment and resulting from an occupational disease must be treated as the happening of a personal injury arising out of and in the course of the employment, within the meaning of the […]

39-A §603. Occupational disease defined

§603. Occupational disease defined As used in this chapter, the term “occupational disease” means only a disease that is due to causes and conditions characteristic of a particular trade, occupation, process or employment and that arises out of and in the course of employment.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, […]

39-A §604. False reports

§604. False reports Compensation is not payable for an occupational disease if the employee who was employed on January 1, 1946 or who, at the time of entering into the employment of the employer by whom the compensation would otherwise be payable, falsely represents in writing that the employee has not previously been disabled, laid […]

39-A §605. Aggravation of occupational disease

§605. Aggravation of occupational disease When an occupational disease is aggravated by any other disease or infirmity not itself compensable, or death or incapacity from any other cause not itself compensable is aggravated, prolonged, accelerated or in any way contributed to by an occupational disease, the compensation payable must be reduced and limited to the […]

39-A §606. Date from which compensation is computed; employer liable

§606. Date from which compensation is computed; employer liable The date when an employee becomes incapacitated by an occupational disease from performing the employee’s work in the last occupation in which the employee was injuriously exposed to the hazards of the occupational disease is the date of the injury equivalent to the date of injury […]

39-A §607. Notice of incapacity; filing of claim

§607. Notice of incapacity; filing of claim Sections 301 to 307 with reference to giving notice, making claims and filing petitions apply to cases under this chapter, except that, in cases under this chapter, the date of incapacity defined in section 606 is equal to the date of injury in sections 301 to 307, and […]

39-A §608. Partial incapacity

§608. Partial incapacity Compensation is payable for partial incapacity due to occupational diseases as provided in section 213.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).] SECTION HISTORY PL 1991, c. 885, §A8 (NEW). PL 1991, c. 885, §§A9-11 (AFF).

39-A §609. Compensation limits

§609. Compensation limits Compensation for partial or total incapacity or death from occupational disease is payable as provided in sections 212, 213 and 215. Compensation is not payable for incapacity by reason of occupational diseases unless the incapacity results within 3 years after the last injurious exposure to the occupational disease in the employment.   […]

39-A §610. Examination of employees

§610. Examination of employees An employer may request any of the employer’s employees or prospective employees to be examined for the purpose of ascertaining if any of them are in any degree affected by an occupational disease or peculiarly susceptible to an occupational disease. Refusal to submit to such an examination bars that employee or […]

39-A §611. Impartial medical advice

§611. Impartial medical advice On request of a party or on its own motion the board may in occupational disease cases appoint one or more competent and impartial physicians. Upon order of the board, the fees and expenses of the health care provider or health care providers must be paid by the employer. These appointees […]

39-A §612. Occupational loss of hearing

§612. Occupational loss of hearing In case of loss of hearing resulting from occupational disease, the following rules are applicable in determining eligibility for compensation and the period during which compensation is payable.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).] 1.  Definition.  As used in […]

39-A §613. Silicosis

§613. Silicosis In the absence of evidence in favor of the claim, disability or death from silicosis is presumed not to be due to the nature of any occupation, unless during the 15 years immediately preceding the date of disability the employee was exposed to the inhalation of silica dust over a period of at […]

39-A §614. Special provisions for asbestos-related diseases

§614. Special provisions for asbestos-related diseases 1.  Definition.  As used in this section, the term “asbestos-related disease” means a disease caused by exposure to asbestos.   [PL 1991, c. 885, Pt. A, §8 (NEW); PL 1991, c. 885, Pt. A, §§9-11 (AFF).] 2.  Scope.  This section applies only to asbestos-related diseases caused or contributed to […]

39-A §615. Disability due to radioactive properties

§615. Disability due to radioactive properties Notwithstanding section 606 or any other provision of this chapter, the employee need not be exposed to radioactive substances for a period of 60 days or more, and the time for filing claims does not begin to run in cases of incapacity due to exposure to radioactive substances until […]