Sec. 10. (a) As used in this chapter, "occupational disease" means a disease arising out of and in the course of the employment. Ordinary diseases of life to which the general public is exposed outside of the employment shall not be compensable, except where such diseases follow as an incident of an occupational disease as defined in this section.
(b) A disease arises out of the employment only if there is apparent to the rational mind, upon consideration of all of the circumstances, a direct causal connection between the conditions under which the work is performed and the occupational disease, and which can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment, and which can be fairly traced to the employment as the proximate cause, and which does not come from a hazard to which workers would have been equally exposed outside of the employment. The disease must be incidental to the character of the business and not independent of the relation of employer and employee. The disease need not have been foreseen or expected but after its contraction it must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a rational consequence.
Formerly: Acts 1937, c.69, s.6. As amended by P.L.144-1986, SEC.61; P.L.28-1988, SEC.51.
Structure Indiana Code
Article 3. Worker's Compensation System
Chapter 7. Worker's Occupational Diseases Compensation
22-3-7-2. Applicability; Burden of Proof; Police and Firefighter Coverage
22-3-7-2.5. School to Work Student
22-3-7-3. Waiver of Exemption From Act by Employer; Notice of Acceptance; Filing
22-3-7-5. Coal Mining; Application of Law
22-3-7-7. Statutory Duties; Application of Law
22-3-7-8. Place of Exposure; Foreign States or Foreign Countries
22-3-7-9. Definitions; Applicability of Chapter; Exemptions
22-3-7-9-b. Definitions; Applicability of Chapter; Exemptions
22-3-7-9.2. "Violation of the Employment of Minors Laws of This State"
22-3-7-10. Definitions; Course of Employment
22-3-7-10.5. Average Weekly Wages of Public Employee; Determination
22-3-7-11. Death Benefits; Payment
22-3-7-12. Dependents; Classification
22-3-7-13. Presumptive Dependents; Termination of Dependency
22-3-7-14. Dependents; Total or Partial Dependents; Relatives; Termination of Dependency
22-3-7-15. Death Benefits; Burial Expenses
22-3-7-16. Disablements; Awards
22-3-7-16-b. Disablements; Awards
22-3-7-17.1. Collection of Medical Expense Payments; Civil Penalties; Good Faith Errors
22-3-7-17.2. Billing Review Service Standards
22-3-7-17.2-b. Billing Review Service Standards
22-3-7-17.4. Repackaged Drugs; Maximum Reimbursement Amount
22-3-7-17.6. Formulary; Reimbursement for "N" Drug
22-3-7-18. Awards; Lump Sum Payments
22-3-7-19. Awards; Computation; Average Weekly Wages
22-3-7-19-b. Awards; Computation; Average Weekly Wages
22-3-7-20. Physical Examinations; Board and Lodging; Traveling Expenses; Reports; Autopsy
22-3-7-21. Awards; Disqualification
22-3-7-22. Industrial Board; Expenses; Office Space; Meetings
22-3-7-23. Jurisdiction; Administration
22-3-7-24. Rules; Hearings; Subpoenas; Production of Books and Papers; Attorney's Fees
22-3-7-25. Forms and Literature; Reports; Confidential Information
22-3-7-26. Disputes; Settlement
22-3-7-27. Awards; Modification; Hearings; Appeals; Investigations
22-3-7-28. Destruction of Records
22-3-7-30. Awards; Private Agreements; Filing
22-3-7-31. Waiver of Compensation; Approval; Silicosis or Asbestosis
22-3-7-32. Actions and Proceedings; Notice; Limitation of Actions
22-3-7-33. Exposure; Presumptions; Joint Employers
22-3-7-34. Insurance; Self-Insurance; Exemptions
22-3-7-34.3. Proof of Compliance; Notice; Civil Penalty; Internet Posting
22-3-7-35. Contract Relieving Employer of Obligations
22-3-7-36. Third Parties; Actions to Recover Damages; Subrogation; Limitation of Actions