85A.25 EXISTING DISEASES BARRED.
There shall be no liability for the payment of compensation under
the provisions of this chapter to any person who on October 1, 1947,
is suffering with an occupational disease. An employer may at the
employer's own expense require the employer's employees to submit to
a physical examination prior to October 1, 1947, and in the case of
new employees employed after July 4, 1947, within ninety days of the
commencement of the employment of such new employees, for the purpose
of determining whether any such person is affected with or has an
occupational disease. In the event it is determined by such
examination that any employee is suffering from or is affected with
an occupational disease, the employer may require the employee to
waive in writing any claim for compensation under the provisions of
this chapter on account thereof as a condition to continuing in the
employment of the employer.
In cases of dispute as to the existence of the disease the
controversy may be referred to the workers' compensation commissioner
who shall decide the matter and who may, upon the commissioner's own
motion or by agreement of the parties, submit the controverted
question to the physicians designated in section 85A.20 for
investigation and report, and the physicians shall immediately
proceed with the investigation and with the examination of the
employee and forthwith make the report to the workers' compensation
commissioner. The examination shall be made and the investigation
conducted in the same manner as is provided in this chapter as to
other controverted medical questions. The workers' compensation
commissioner shall then make the decision on the matter, and the
decision shall have the same force and effect and be subject to all
the other provisions of law applicable the same as any other decision
of the workers' compensation commissioner.
85A.25 EXISTING DISEASES BARRED.
There shall be no liability for the payment of compensation under
the provisions of this chapter to any person who on October 1, 1947,
is suffering with an occupational disease. An employer may at the
employer's own expense require the employer's employees to submit to
a physical examination prior to October 1, 1947, and in the case of
new employees employed after July 4, 1947, within ninety days of the
commencement of the employment of such new employees, for the purpose
of determining whether any such person is affected with or has an
occupational disease. In the event it is determined by such
examination that any employee is suffering from or is affected with
an occupational disease, the employer may require the employee to
waive in writing any claim for compensation under the provisions of
this chapter on account thereof as a condition to continuing in the
employment of the employer.
In cases of dispute as to the existence of the disease the
controversy may be referred to the workers' compensation commissioner
who shall decide the matter and who may, upon the commissioner's own
motion or by agreement of the parties, submit the controverted
question to the physicians designated in section 85A.20 for
investigation and report, and the physicians shall immediately
proceed with the investigation and with the examination of the
employee and forthwith make the report to the workers' compensation
commissioner. The examination shall be made and the investigation
conducted in the same manner as is provided in this chapter as to
other controverted medical questions. The workers' compensation
commissioner shall then make the decision on the matter, and the
decision shall have the same force and effect and be subject to all
the other provisions of law applicable the same as any other decision
of the workers' compensation commissioner.
85A.25 EXISTING DISEASES BARRED.
There shall be no liability for the payment of compensation under
the provisions of this chapter to any person who on October 1, 1947,
is suffering with an occupational disease. An employer may at the
employer's own expense require the employer's employees to submit to
a physical examination prior to October 1, 1947, and in the case of
new employees employed after July 4, 1947, within ninety days of the
commencement of the employment of such new employees, for the purpose
of determining whether any such person is affected with or has an
occupational disease. In the event it is determined by such
examination that any employee is suffering from or is affected with
an occupational disease, the employer may require the employee to
waive in writing any claim for compensation under the provisions of
this chapter on account thereof as a condition to continuing in the
employment of the employer.
In cases of dispute as to the existence of the disease the
controversy may be referred to the workers' compensation commissioner
who shall decide the matter and who may, upon the commissioner's own
motion or by agreement of the parties, submit the controverted
question to the physicians designated in section 85A.20 for
investigation and report, and the physicians shall immediately
proceed with the investigation and with the examination of the
employee and forthwith make the report to the workers' compensation
commissioner. The examination shall be made and the investigation
conducted in the same manner as is provided in this chapter as to
other controverted medical questions. The workers' compensation
commissioner shall then make the decision on the matter, and the
decision shall have the same force and effect and be subject to all
the other provisions of law applicable the same as any other decision
of the workers' compensation commissioner.
