52-3-8. Right to compensation; exclusive when.
142 words·~1 min read·
/nm/chapter-52-workers-compensation/article-3-occupational-disease-disablement/52-3-8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The right to the compensation provided for in this act, in lieu of any other liability whatsoever, to any and all persons whomsoever, for any disablement from occupational disease or death resulting therefrom, shall obtain in all cases where the following conditions occur:
A. where at the time of disablement both employer and employee are subject to the provisions of this act; and where the employer has complied with the provisions hereof regarding insurance;
B. where at the time of disablement the employee is performing service arising out of and in the course of his employment;
C. where the disablement or death is proximately caused by an occupational disease arising out of and in the course of his employment, and is not intentionally self- inflicted.
History: 1941 Comp., § 57-1107, enacted by Laws 1945, ch. 135, § 7; 1953 Comp., § 59-11-7.