Alabama Administrative Code › Title 355 - STATE OF ALABAMA DEPARTMENT OF FINANCE › Chapter 355-8-1 - DIVISION OF RISK MANAGEMENT › Section 355-8-1-.05 - Compensation For Occupational Diseases

Current through Register Vol. 42, No. 9, June 28, 2024
(a) For the purposes of this article, the
			 following terms shall have the meanings respectively ascribed to them by this
			 section:
(1)
Occupational
			 Disease
. A disease arising out of and in the course of employment,
			 including occupational pneumoconiosis and occupational exposure to radiation as
			 defined in subdivisions (2) and (3), respectively, of the section, which is due
			 to hazards in excess of those ordinarily incident to employment in general and
			 is peculiar to the occupation in which the employee is engaged but without
			 regard to negligence or fault, if any, of the employer. A disease, including,
			 but not limited to, loss of hearing due to noise, shall be deemed an
			 occupational disease only if caused by hazard recognized as peculiar to a
			 particular trade, process, occupation, or employment as a direct result of
			 exposure, over a period of time, to the normal working conditions of the trade,
			 process, occupation, or employment.
(2)
Occupational
			 Pneumoconiosis
. A disease of the lungs cause by inhalation of
			 minute particles of dust over a period of time, which dust is due to causes and
			 conditions arising out of and in the course of the employment, without regard
			 to whether the causes or conditions are inherent in the employment or can be
			 eliminated or reduced by due care on the part of the employer. The term
			 "occupational pneumoconiosis" shall include, but without limitation, such
			 diseases as silicosis, siderosis, anthracosis, anthrasilicosis,
			 anthracosilicosis, anthraco-tuberculosis, tuberculosilicosis,
			 silico-tuberculosis, aluminosis, and other diseases of the lungs resulting from
			 causes enumerated in this section.
(3)
Occupational Exposure to
			 Radiation
. Gradual exposure to radiation over a period of time
			 from the use of or direct contact with radium, radioactive substances, roentgen
			 rays (X-rays), or ionizing radiation, arising out of and in the course of the
			 employment and resulting from the nature of the employment and resulting from
			 the nature of the employment in which the employee is engaged, without regard
			 to whether the exposure is inherent in the employment or can be eliminated or
			 reduced by due care on the part of the employer.
(4)
Nature of
			 Employment
. With respect to subdivisions (2) and (3) above, this
			 term shall mean that, as to the industry in which the employee is engaged,
			 there is attached a particular hazard of the exposure that distinguishes it
			 from the usual run of occupations and is in excess of the hazards of the
			 exposure attending employment in general.
(5)
Contraction of an
			 Occupational Disease
. The term shall include any aggravation of
			 the disease without regard to the employment in which the disease was
			 contracted.
(6)
Date of
			 Injury
. The date of injury for an occupational disease except for
			 pneumoconiosis and radiation shall be the first date of diagnosis.