Section 37Part 8 — Miscellaneous
Industrial disease
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A workman shall be entitled to compensation under this Law where he becomes incapacitated by reason of any disease prescribed by regulations made under this Law as being a disease due to the nature of his employment and developed after the 1st November, 1966.
A disease may be prescribed for the purposes of this Law in relation to any workman if the Governor in Council is satisfied that —
it ought to be treated, having regard to its causes and incidence and any other relevant considerations, as a risk of his occupation and not as a risk common to all persons; and
it is such that the attribution of particular cases to the nature of the employment can be established or presumed with reasonable certainty.
Regulations prescribing any disease for the purposes of this Law may provide that a workman who developed the disease on or at any time after a date specified in the regulations (being a date before the regulations came into force but not before the 1st November, 1966) shall be treated for the purposes of this Law, subject to any modifications prescribed in such regulations, as if the regulations had been in force at the time when he developed the disease.
Regulations prescribing any disease for the purposes of this Law may provide for determining the time at which a workman is to be treated for the purposes of this Law as having developed such disease, and the circumstances in which such disease is, where the workman in question has previously suffered therefrom, to be treated as having recurred or as having been contracted afresh.
Nothing in this section shall affect the right of any workman to benefit in respect of a disease which is a personal injury by accident within the meaning and intent of this Law, except that a workman shall not be entitled to benefit in respect of a disease as being an injury by accident arising out of and in the course of his employment if at the time of the accident the disease is in relation to him a prescribed disease by virtue of the occupation in which he is engaged in his employment.