Occupational disease must result from the
nature of the employee's condition rather than from a specific job.
Occupational disease is compensable if:
1. A condition peculiar to the
occupation causes a disease;
2. The employee contracts a disease
during the employment in the occupation;
3. The occupation presents a particular
hazard of the disease; and
4. The incidence of ordinary diseases of
life is substantially higher in the occupation than in
Since many occupational diseases take
years to reveal themselves, the employee may have had many jobs from different
employers in the same occupation. It is not necessary to decide which employer
the employee originally contracted the disease as the employer whose job last
injuriously exposed the employee will be found to be liable.
Occupational disease is defined as a
disease which is due to causes and conditions which are characteristic of and
peculiar to a particular trade, occupation, process or employment, and to
exclude all diseases of life to which the public is exposed, unless the
incidence of the disease are substantially higher in a particular trade,
occupation, process or employment than for the general public.