STU
NL · WorkplaceNL Act (injury compensation) · Article 104 · clause 104 · SNL2022 c W-11.1

PART VIII OCCUPATIONAL DISEASES — Occupational disease

104

(1) Where

104(a)

a worker suffers from an occupational disease and is as a result disabled or the worker's death is caused by an occupational disease; and

104(b)

the occupational disease is due to the nature of the employment in which the worker was engaged, whether under one or more employments, the worker o r dependents are entitled to compensation as if the occupational disease were an injury, and the date of disablement were the date of injury, subject to the modifications referred to in this section, unless at the time of entering into the employment the worker had falsely represented as not having previously suffered from the occupational disease.

104(2)

The commission may, with the approval of the Lieutenant-Governor in Council, make regulations prescribing occupational diseases and associating descriptions of processes with the occupational diseases.

104(3)

Where a worker referred to in subsection (1) at or immediately before the date of the disablement was employed in a process prescribed in the regulations and the occupational disease contracted is the occupational disease prescribed in the regulations that is associated with the description of the process, the occupational disease shall be considered to have been due to the nature of that employment unless the contrary is proved.

104(4)

Where a worker referred to in subsection (1), who was employed in a process involving asbestos, is suffering from the occupational disease known as asbestosis, the occupational disease shall be conclusively considered to have been due to the nature of that employment.

104(5)

Nothing in this section affects the right of a worker to compensation in respect of an occupational disease to which this section does not apply where the occupational disease is the result of an injury in respect of which the worker is entitled to compensation under this Act.

Not legal advice. Verify the cited article against the signed agreement.