Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 652-S.F.No. 994 
           An act relating to workers' compensation; defining 
          "occupational disease" as including certain diseases 
          received in providing emergency medical care; amending 
          Minnesota Statutes 1986, section 176.011, subdivision 
          15. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 176.011, 
subdivision 15, is amended to read:  
    Subd. 15.  [OCCUPATIONAL DISEASE.] "Occupational disease" 
means a disease arising out of and in the course of employment 
peculiar to the occupation in which the employee is engaged and 
due to causes in excess of the hazards ordinary of employment 
and shall include undulant fever.  Ordinary diseases of life to 
which the general public is equally exposed outside of 
employment are not compensable, except where the diseases follow 
as an incident of an occupational disease, or where the exposure 
peculiar to the occupation makes the disease an occupational 
disease hazard.  A disease arises out of the employment only if 
there be a direct causal connection between the conditions under 
which the work is performed and if the occupational disease 
follows as a natural incident of the work as a result of the 
exposure occasioned by the nature of the employment.  An 
employer is not liable for compensation for any occupational 
disease which cannot be traced to the employment as a direct and 
proximate cause and is not recognized as a hazard characteristic 
of and peculiar to the trade, occupation, process, or employment 
or which results from a hazard to which the worker would have 
been equally exposed outside of the employment.  If immediately 
preceding the date of disablement or death, an employee was 
employed on active duty with an organized fire or police 
department of any municipality, as a member of the Minnesota 
state patrol, conservation officer service, state crime bureau, 
as a forest officer by the department of natural resources, or 
sheriff or full time deputy sheriff of any county, and the 
disease is that of myocarditis, coronary sclerosis, pneumonia or 
its sequel, and at the time of employment such employee was 
given a thorough physical examination by a licensed doctor of 
medicine, and a written report thereof has been made and filed 
with such organized fire or police department, with the 
Minnesota state patrol, conservation officer service, state 
crime bureau, department of natural resources, or sheriff's 
department of any county, which examination and report negatived 
any evidence of myocarditis, coronary sclerosis, pneumonia or 
its sequel, the disease is presumptively an occupational disease 
and shall be presumed to have been due to the nature of 
employment.  If immediately preceding the date of disablement or 
death, any individual who by nature of their position provides 
emergency medical care, or an employee who was employed as a 
licensed police officer under section 626.84, subdivision 1; 
firefighter; paramedic; emergency medical technician; or 
licensed nurse providing emergency medical care; and who 
contracts an infectious or communicable disease to which the 
employee was exposed in the course of employment outside of a 
hospital, then the disease is presumptively an occupational 
disease and shall be presumed to have been due to the nature of 
employment and the presumption may be rebutted by substantial 
factors brought by the employer or insurer. 
    Approved April 26, 1988