287.063. Occupational diseases, presumption of exposure--last employer liable--statute of limitations, starts running, when. - Missouri Statutes

Occupational diseases, presumption of exposure--last employerliable--statute of limitations, starts running, when.

287.063. 1. An employee shall be conclusively deemed to have beenexposed to the hazards of an occupational disease when for any length oftime, however short, he is employed in an occupation or process in whichthe hazard of the disease exists, subject to the provisions relating tooccupational disease due to repetitive motion, as is set forth insubsection 8 of section 287.067.

2. The employer liable for the compensation in this section providedshall be the employer in whose employment the employee was last exposed tothe hazard of the occupational disease prior to evidence of disability,regardless of the length of time of such last exposure, subject to thenotice provision of section 287.420.

3. The statute of limitation referred to in section 287.430 shall notbegin to run in cases of occupational disease until it becomes reasonablydiscoverable and apparent that an injury has been sustained related to suchexposure, except that in cases of loss of hearing due to industrial noisesaid limitation shall not begin to run until the employee is eligible tofile a claim as hereinafter provided in section 287.197.

(L. 1959 S.B. 167 § 287.201, A.L. 1974 S.B. 417, A.L. 1983 H.B. 243 & 260, A.L. 1993 S.B. 251, A.L. 2005 S.B. 1 & 130)

(2002) Even though claimant's repetitive motion symptoms originated with prior employers, under last exposure rule the last employer to expose claimant is solely liable for such occupational diseases. Endicott v. Display Technologies, Inc., 77 S.W.3d 612 (Mo.banc).