44-5a10. Disability or death from silicosis; compensation rights. In the absence of conclusive evidence in favor of the claim, disability or death from silicosis shall be presumed not to be due to the nature of any occupation within the provisions of this act, unless during the ten (10) years immediately preceding the date of disablement the employee or workman has been exposed to the inhalation of silica dust over a period of not less than five (5) years, two (2) years of which shall have been in this state: Provided, however, That if the employee or workman shall have been employed by the same employer during the whole of such five-year period, his right to compensation against such employer shall not be affected by the fact that he had been employed during any part of such period outside of this state.
History: L. 1953, ch. 246, ยง 10; July 1.
Structure Kansas Statutes
Chapter 44 - Labor And Industries
Article 5a - Occupational Diseases
44-5a03 Fraudulent representation.
44-5a04 Disablement and disability defined; cancellation of award, when.
44-5a05 Workman or dependents not entitled to compensation, when.
44-5a06 Date from which compensation is computed; employer liable.
44-5a07 Securing payment of compensation; liability exclusive.
44-5a08 Rights of employer subrogated to insurance carrier.
44-5a10 Disability or death from silicosis; compensation rights.
44-5a13 Compensation for death from silicosis complicated with other disease; how paid.
44-5a15 Waiver by employee affected with disease although not disabled; effect.
44-5a16 Dermatitis; disability after receiving compensation; effect.
44-5a17 Notice of disease and filing of claim; deemed waived, when.
44-5a18 Autopsy; notice; findings; public record.
44-5a19 Award or denial of award reviewed, when.
44-5a20 Act inapplicable, when.