50-6-302 - Retroactivity Coal worker's pneumoconiosis, effect of federal law. - Tennessee Statutes

50-6-302. Retroactivity Coal worker's pneumoconiosis, effect of federal law.

(a)  An occupational disease that an employee had on March 12, 1947, shall not be covered under this chapter. An employee has an occupational disease within the meaning of this chapter if the disease or condition has developed to such an extent that it can be diagnosed as an occupational disease. In every suit for compensation benefits, the burden shall be on the employee to prove that the employee did not have, as of that date, the occupational disease for which the employee is seeking compensation.

(b)  In considering whether an employee has the occupational disease of coal worker's pneumoconiosis and is totally disabled or dies from coal worker's pneumoconiosis, all the presumptions, criteria and standards contained in or promulgated by reason of the federal Coal Mine Health and Safety Act of 1969, Pub. L. No. 91-173, compiled in 30 U.S.C. § 901 et seq., specified as the basis for determining eligibility of applicants for benefits because of the disease or its effects shall be used and be applicable under this chapter, and where in a proceeding under this chapter for benefits it is determined the employee or the employee's dependents would be entitled to benefits under the federal Coal Mine Health and Safety Act of 1969, and the Black Lung Benefits Act of 1972, Pub. L. No. 92-303, compiled in 30 U.S.C. § 901 et seq., the employee or the employee's dependents by reason of the determination shall be considered totally disabled from coal worker's pneumoconiosis and its effects, under this chapter the same as if the employee, or the employee's dependents, establishes the right to recover benefits based upon a total disability from coal worker's pneumoconiosis, or death by reason of coal worker's pneumoconiosis under the laws of this state.

[Acts 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1971, ch. 300, § 4; 1980, ch. 739, § 1; T.C.A. (orig. ed.), § 50-1102.]