§ 28-34-7. Concealment of previous disease — Occupational disease as partial cause.
No compensation shall be payable for an occupational disease if the employee, at the time of entering into the employment of the employer by whom the compensation would otherwise be payable, or thereafter, willfully and falsely represents in writing that he or she has not previously had the disease that is the cause of the disability or death. Where an occupational disease is aggravated by any other disease or infirmity, not itself compensable, or where disability or death from any other cause, not itself compensable, is aggravated, prolonged, accelerated, or in any way contributed to by an occupational disease, the compensation payable shall be the proportion only of the compensation that would be payable if the occupational disease were the sole cause of the disability or death as that occupational disease, as a causative factor, bears to all the causes of that disability or death, the reduction in compensation to be effected by reducing the number of weekly payments or the amounts of the payments, as under the circumstances of the particular case may be for the best interests of the claimant or claimants.
History of Section.G.L. 1923, ch. 92, art. 8, § 7; P.L. 1936, ch. 2358, § 9; G.L. 1938, ch. 300, art. 8, § 7; P.L. 1954, ch. 3297, § 1; G.L. 1956, § 28-34-7; P.L. 1999, ch. 83, § 65; P.L. 1999, ch. 130, § 65.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-34 - Workers’ Compensation — Occupational Diseases
Section 28-34-1. - Definitions.
Section 28-34-2. - Occupational diseases listed — Treatment as compensable injury.
Section 28-34-3. - Benefits available to victims of disease.
Section 28-34-4. - Relationship of disease to employment — Time of bringing suit.
Section 28-34-5. - Examination and report by physician.
Section 28-34-6. - Date of disablement.
Section 28-34-7. - Concealment of previous disease — Occupational disease as partial cause.
Section 28-34-8. - Apportionment of liability among successive employers.
Section 28-34-9. - Notice to employer of claim.
Section 28-34-10. - Information as to previous employers.
Section 28-34-11. - Rights as to diseases not covered by chapter.
Section 28-34-12. - Diseases contracted before effective date of chapter.