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25-5-190
Section 25-5-190 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) OCCUPATIONAL EXPOSURE TO RADIATION.
Gradual exposure to radiation over a period of time from the use of or direct contact with
radium, radioactive substances, roentgen rays (X rays), or ionizing radiation, arising out
of and in the course of the employment and resulting from the nature of the employment in
which the employee is engaged, without regard to whether or not said exposure is inherent
in the employment or can be eliminated or reduced by due care on the part of the employer.
The term "occupational exposure to radiation" shall not include accidents involving
sudden and violent injuries within the meaning of subdivision (9) of Section 25-5-1, such
accidents being covered by such section. (2) NATURE OF EMPLOYMENT. Such term shall mean that,
as to the industry in which the employee is engaged, there is attached a particular...
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25-5-110
Section 25-5-110 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) OCCUPATIONAL DISEASE. A disease
arising out of and in the course of employment, including occupational pneumoconiosis and
occupational exposure to radiation as defined in subdivisions (2) and (3), respectively, of
this section, which is due to hazards in excess of those ordinarily incident to employment
in general and is peculiar to the occupation in which the employee is engaged but without
regard to negligence or fault, if any, of the employer. A disease, including, but not limited
to, loss of hearing due to noise, shall be deemed an occupational disease only if caused by
a hazard recognized as peculiar to a particular trade, process, occupation, or employment
as a direct result of exposure, over a period of time, to the normal working conditions of
the trade, process, occupation, or employment. (2) OCCUPATIONAL PNEUMOCONIOSIS....
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25-5-191
Section 25-5-191 Right to compensation for injury or death. Where the employer and employee
are subject to the provisions of this chapter, the disablement or death of an employee caused
by occupational exposure to radiation, as defined in this article, shall be treated as an
injury by accident, and the employee or, in case of his death, his dependents shall
be entitled to compensation as provided in this article. In no case, however, shall an employer
be liable under this article for compensation by reason of exposure to radiation or for disability
or death resulting therefrom unless such exposure arose out of and in the course of the employment
and resulted from the nature of the employment in which the employee was engaged. (Acts 1967,
No. 521, p. 1245.)...
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25-5-197
Section 25-5-197 Limitation period for claims or actions for compensation. In case of occupational
exposure to radiation, as defined in this article, or of injury or disability resulting
therefrom, all claims for compensation shall be forever barred, unless within one year after
the employee first suffered disability therefrom and either knew or in the exercise of reasonable
diligence should have known that the disability was caused therefrom, but in no event more
than three years after date of the injury as hereinafter defined, the parties shall
have agreed upon the compensation payable under this article, or unless within such period
of time one of the parties shall have filed a verified complaint as provided in Section 25-5-88.
In case of death, all claims for compensation shall be forever barred, unless the death results
proximately from occupational exposure to radiation, as defined in this article, and occurs
within three years of the date of the injury, as hereinafter defined,...
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25-5-194
Section 25-5-194 Rights and remedies of employees, etc., under article exclusive; civil and
criminal liability of employers, etc. The rights and remedies granted in this article shall
exclude all other rights and remedies of an employee, his personal representative,
parent, surviving spouse, dependents, or next of kin, at common law, by statute, contract,
or otherwise on account of occupational exposure to radiation and on account of any injury,
disability, loss of service, or death resulting from occupational exposure to radiation. Except
as provided in this article, no employer included within the terms of this chapter and no
officer, director, agent, servant, or employee of such employer shall be held civilly liable
for the occupational exposure to radiation or for injury, disability, loss of service,
or death of any employee due to occupational exposure to radiation while engaged in the service
or business of the employer, the cause of which occupational exposure to radiation...
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25-5-117
Section 25-5-117 Limitation period for claims or actions for compensation. (a) In case of the
contraction of an occupational disease, as defined in this article, or of injury or
disability resulting therefrom, a claim for compensation, as defined in Section 25-5-1, shall
be forever barred, unless within two years after the date of the injury, as hereinafter
defined, the parties shall have agreed upon the compensation payable under this article, or
unless within two years after the date of the injury, one of the parties shall have
filed a verified complaint as provided in Section 25-5-88. In case of death, the claim shall
be forever barred, unless within two years after death, if death results proximately from
the occupational disease, as defined in this article, and death occurs within three years
of the date of the injury, as hereinafter defined, the parties have agreed upon the
compensation under this article, or unless within two years after death, one of the parties
shall have...
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25-5-1
an artificial member of the body by accidental means. (8) INJURIES BY AN ACCIDENT ARISING OUT
OF AND IN THE COURSE OF THE EMPLOYMENT. Without otherwise affecting either the meaning or
interpretation of the clause, the clause does not cover workers except while engaged in or
about the premises where their services are being performed or where their service requires
their presence as a part of service at the time of the accident and during the hours of service
as workers. (9) INJURY. "Injury and personal injury"
shall mean only injury by accident arising out of and in the course of the employment,
and shall not include a disease in any form, except for an occupational disease or where it
results naturally and unavoidably from the accident. Injury shall include physical
injury caused either by carpal tunnel syndrome disorder or by other cumulative trauma
disorder if either disorder arises out of and in the course of the employment, and breakage
or damage to eyeglasses, hearing aids,...
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25-5-50
Section 25-5-50 Applicability; exemptions; coverage for school boards, volunteer fire departments,
and rescue squads; sports officials. (a) This article and Article 2 of this chapter shall
not be construed or held to apply to an employer of a domestic employee; an employer of a
farm laborer; an employer of a person whose employment at the time of the injury is
casual and not in the usual course of the trade, business, profession, or occupation of the
employer; an employer who regularly employs less than five employees in any one business,
other than the business of constructing or assisting on-site in the construction of new single-family,
detached residential dwellings; or a municipality having a population of less than 2,000 according
to the most recent federal decennial census. An employer who regularly employs less than five
employees in any one business; a farm-labor employer; an employer of a domestic employee;
or a municipality having a population of less than 2,000 according to...
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25-5-195
Section 25-5-195 False written representation to employer as to previous compensation for exposure
to radiation. If any employee, at the time of or in the course of entering into the employment
of the employer by whom the compensation would otherwise be paid, wilfully and falsely represented
himself in writing to such employer as not having previously been disabled, laid off or compensated
in damages, workers' compensation, or otherwise, because of occupational exposure to radiation,
or as not having previously been subjected to occupational exposure to radiation, such employee,
his personal representative, parents, surviving spouse, dependents, and next of kin
shall be barred from compensation or other benefits provided by this article or from recovery
at common law, by statute, contract, or otherwise on account of occupational exposure to radiation
subsequent to such representation and while in the employ of such employer. (Acts 1967, No.
521, p. 1245.)...
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25-5-116
Section 25-5-116 Which employer liable for compensation of employee; contribution. (a) If compensation
is payable for an occupational disease other than pneumoconiosis or radiation, the only employer
liable, if any, shall be the employer in whose employment the employee was last exposed to
the hazards of the disease. The employer who is liable shall not be entitled to contribution
from any other employer of the employee except one who furnished workers' compensation for
the employee during the employment of last exposure. (b) If compensation is payable for pneumoconiosis
or radiation, the only employer liable, if any, shall be the employer in whose employment
the employee was last exposed in each of at least 12 months, within a period of five years
prior to the date of the injury, to the hazards of the disease and, in addition, any
employer who furnished workers' compensation coverage during this period. (Acts 1971, No.
668, p. 1379; Acts 1992, No. 92-537, p. 1082, ยง33.)...
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