287.067. Occupational disease defined--repetitive motion, loss of hearing, radiation injury, communicable disease, others. - Missouri Statutes

Occupational disease defined--repetitive motion, loss of hearing,radiation injury, communicable disease, others.

287.067. 1. In this chapter the term "occupational disease" ishereby defined to mean, unless a different meaning is clearly indicated bythe context, an identifiable disease arising with or without human faultout of and in the course of the employment. Ordinary diseases of life towhich the general public is exposed outside of the employment shall not becompensable, except where the diseases follow as an incident of anoccupational disease as defined in this section. The disease need not tohave been foreseen or expected but after its contraction it must appear tohave had its origin in a risk connected with the employment and to haveflowed from that source as a rational consequence.

2. An injury by occupational disease is compensable only if theoccupational exposure was the prevailing factor in causing both theresulting medical condition and disability. The "prevailing factor" isdefined to be the primary factor, in relation to any other factor, causingboth the resulting medical condition and disability. Ordinary, gradualdeterioration, or progressive degeneration of the body caused by aging orby the normal activities of day-to-day living shall not be compensable.

3. An injury due to repetitive motion is recognized as anoccupational disease for purposes of this chapter. An occupational diseasedue to repetitive motion is compensable only if the occupational exposurewas the prevailing factor in causing both the resulting medical conditionand disability. The "prevailing factor" is defined to be the primaryfactor, in relation to any other factor, causing both the resulting medicalcondition and disability. Ordinary, gradual deterioration, or progressivedegeneration of the body caused by aging or by the normal activities ofday-to-day living shall not be compensable.

4. "Loss of hearing due to industrial noise" is recognized as anoccupational disease for purposes of this chapter and is hereby defined tobe a loss of hearing in one or both ears due to prolonged exposure toharmful noise in employment. "Harmful noise" means sound capable ofproducing occupational deafness.

5. "Radiation disability" is recognized as an occupational diseasefor purposes of this chapter and is hereby defined to be that disabilitydue to radioactive properties or substances or to Roentgen rays (X-rays) orexposure to ionizing radiation caused by any process involving the use ofor direct contact with radium or radioactive properties or substances orthe use of or direct exposure to Roentgen rays (X-rays) or ionizingradiation.

6. Disease of the lungs or respiratory tract, hypotension,hypertension, or disease of the heart or cardiovascular system, includingcarcinoma, may be recognized as occupational diseases for the purposes ofthis chapter and are defined to be disability due to exposure to smoke,gases, carcinogens, inadequate oxygen, of paid firefighters of a paid firedepartment or paid police officers of a paid police department certifiedunder chapter 590, RSMo, if a direct causal relationship is established, orpsychological stress of firefighters of a paid fire department if a directcausal relationship is established.

7. Any employee who is exposed to and contracts any contagious orcommunicable disease arising out of and in the course of his or heremployment shall be eligible for benefits under this chapter as anoccupational disease.

8. With regard to occupational disease due to repetitive motion, ifthe exposure to the repetitive motion which is found to be the cause of theinjury is for a period of less than three months and the evidencedemonstrates that the exposure to the repetitive motion with the immediateprior employer was the prevailing factor in causing the injury, the prioremployer shall be liable for such occupational disease.

(L. 1959 S.B. 167 § 287.201, A.L. 1980 H.B. 1396, A.L. 1983 H.B. 243 & 260, A.L. 1987 H.B. 564, A.L. 1993 S.B. 251, A.L. 2005 S.B. 1 & 130)

(1972) Whether a disease is occupational is not to be determined by whether the disease is literally peculiar to an occupation, but whether there is a recognizable link between the disease and some distinctive feature of the claimant's job which is common to all jobs of that sort. Collins v. Neevel Luggage Manufacturing Company (A.), 481 S.W.2d 548.

(1972) A disease is "occupational" if there is a recognizable link between the disease and a distinctive feature of the claimant's job which is common to all jobs of that sort. Gaddis v. Rudy Patrick Seed Division (Mo.), 485 S.W.2d 636.

(1987) Doctor''s testimony and other evidence that dust in workplace was predominant cause of claimant''s pneumonia and lack of evidence that pneumonia was preexisting condition of nonoccupational origin or caused by factors unrelated to work supported finding that claimant suffered from occupational disease as defined in this section. Sheehan v. Springfield Seed and Floral, 733 S.W.2d 795 (Mo.App.).

(2002) Claimant is not required to notify employer of sustaining occupational disease caused by repetitive motion during previous employment, and statutory exception to last exposure rule does not apply if claimant's exposure to repetitive motion with current employer is for more than three months. Endicott v. Display Technologies, Inc., 77 S.W.3d 612 (Mo.banc).