85A.7 LIMITATIONS AND EXCEPTIONS.
The provisions of this chapter providing payment of workers'
compensation on account of occupational disease as defined and set
out in this chapter, shall be subject to the following limitations
and exceptions:
1. No compensation shall be payable if the employee, at the time
of entering the employment of the employer in writing falsely
represented to said employer that the employee had not been
previously disabled, laid off or compensated, or lost time by reason
of an occupational disease.
2. No compensation for death because of an occupational disease
shall be payable to any person whose relationship to the deceased
employee arose subsequent to the beginning of the first compensable
disability, except only after-born children of a marriage existing at
the beginning of such disability.
3. When such occupational disease causes the death of an employee
and there are no dependents entitled to compensation, then the
employer shall pay the medical, hospital and burial expenses as is
provided by the workers' compensation law, and shall also pay to the
treasurer of the state for the use and benefit of the second injury
compensation fund such amount as is required by the second injury
compensation law.
4. Where such occupational disease is aggravated by any other
disease or infirmity not of itself compensable, or where disability
or death results from any other cause not of itself compensable but
is aggravated, prolonged or accelerated by such an occupational
disease, and disability results such as to be compensable under the
provisions of this chapter, the compensation payable shall be reduced
and limited to such proportion only of the compensation that would be
payable if the occupational disease was the sole cause of the
disability or death, as such occupational disease bears to all the
causes of such disability or death. Such reduction or limitation in
compensation shall be effected by reducing either the number of
weekly payments or the amount of such payments as the workers'
compensation commissioner may determine is for the best interests of
the claimant or claimants.
5. No compensation shall be allowed or payable for any disease or
death intentionally self-inflicted by the employee or due to the
employee's intoxication, or due to the employee being a narcotic drug
addict, or the employee's commission of a misdemeanor or felony,
refusal to use a safety appliance or health protective, refusal to
obey a reasonable written or printed rule of the employer which has
been posted in a conspicuous position in the place of work, or
failure or refusal to perform or obey any statutory duty. The burden
of establishing any such ground shall rest upon the employer.
6. No compensation shall be payable or allowed in any case where
the last injurious exposure to the hazards of such occupational
disease occurred prior to the effective date of this chapter.
85A.7 LIMITATIONS AND EXCEPTIONS.
The provisions of this chapter providing payment of workers'
compensation on account of occupational disease as defined and set
out in this chapter, shall be subject to the following limitations
and exceptions:
1. No compensation shall be payable if the employee, at the time
of entering the employment of the employer in writing falsely
represented to said employer that the employee had not been
previously disabled, laid off or compensated, or lost time by reason
of an occupational disease.
2. No compensation for death because of an occupational disease
shall be payable to any person whose relationship to the deceased
employee arose subsequent to the beginning of the first compensable
disability, except only after-born children of a marriage existing at
the beginning of such disability.
3. When such occupational disease causes the death of an employee
and there are no dependents entitled to compensation, then the
employer shall pay the medical, hospital and burial expenses as is
provided by the workers' compensation law, and shall also pay to the
treasurer of the state for the use and benefit of the second injury
compensation fund such amount as is required by the second injury
compensation law.
4. Where such occupational disease is aggravated by any other
disease or infirmity not of itself compensable, or where disability
or death results from any other cause not of itself compensable but
is aggravated, prolonged or accelerated by such an occupational
disease, and disability results such as to be compensable under the
provisions of this chapter, the compensation payable shall be reduced
and limited to such proportion only of the compensation that would be
payable if the occupational disease was the sole cause of the
disability or death, as such occupational disease bears to all the
causes of such disability or death. Such reduction or limitation in
compensation shall be effected by reducing either the number of
weekly payments or the amount of such payments as the workers'
compensation commissioner may determine is for the best interests of
the claimant or claimants.
5. No compensation shall be allowed or payable for any disease or
death intentionally self-inflicted by the employee or due to the
employee's intoxication, or due to the employee being a narcotic drug
addict, or the employee's commission of a misdemeanor or felony,
refusal to use a safety appliance or health protective, refusal to
obey a reasonable written or printed rule of the employer which has
been posted in a conspicuous position in the place of work, or
failure or refusal to perform or obey any statutory duty. The burden
of establishing any such ground shall rest upon the employer.
6. No compensation shall be payable or allowed in any case where
the last injurious exposure to the hazards of such occupational
disease occurred prior to the effective date of this chapter.
85A.7 LIMITATIONS AND EXCEPTIONS.
The provisions of this chapter providing payment of workers'
compensation on account of occupational disease as defined and set
out in this chapter, shall be subject to the following limitations
and exceptions:
1. No compensation shall be payable if the employee, at the time
of entering the employment of the employer in writing falsely
represented to said employer that the employee had not been
previously disabled, laid off or compensated, or lost time by reason
of an occupational disease.
2. No compensation for death because of an occupational disease
shall be payable to any person whose relationship to the deceased
employee arose subsequent to the beginning of the first compensable
disability, except only after-born children of a marriage existing at
the beginning of such disability.
3. When such occupational disease causes the death of an employee
and there are no dependents entitled to compensation, then the
employer shall pay the medical, hospital and burial expenses as is
provided by the workers' compensation law, and shall also pay to the
treasurer of the state for the use and benefit of the second injury
compensation fund such amount as is required by the second injury
compensation law.
4. Where such occupational disease is aggravated by any other
disease or infirmity not of itself compensable, or where disability
or death results from any other cause not of itself compensable but
is aggravated, prolonged or accelerated by such an occupational
disease, and disability results such as to be compensable under the
provisions of this chapter, the compensation payable shall be reduced
and limited to such proportion only of the compensation that would be
payable if the occupational disease was the sole cause of the
disability or death, as such occupational disease bears to all the
causes of such disability or death. Such reduction or limitation in
compensation shall be effected by reducing either the number of
weekly payments or the amount of such payments as the workers'
compensation commissioner may determine is for the best interests of
the claimant or claimants.
5. No compensation shall be allowed or payable for any disease or
death intentionally self-inflicted by the employee or due to the
employee's intoxication, or due to the employee being a narcotic drug
addict, or the employee's commission of a misdemeanor or felony,
refusal to use a safety appliance or health protective, refusal to
obey a reasonable written or printed rule of the employer which has
been posted in a conspicuous position in the place of work, or
failure or refusal to perform or obey any statutory duty. The burden
of establishing any such ground shall rest upon the employer.
6. No compensation shall be payable or allowed in any case where
the last injurious exposure to the hazards of such occupational
disease occurred prior to the effective date of this chapter.
