For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
(1) OCCUPATIONAL DISEASE. A disease arising out of and in the course of employment, including occupational pneumoconiosis and occupational exposure to radiation as defined in subdivisions (2) and (3), respectively, of this section, which is due to hazards in excess of those ordinarily incident to employment in general and is peculiar to the occupation in which the employee is engaged but without regard to negligence or fault, if any, of the employer. A disease, including, but not limited to, loss of hearing due to noise, shall be deemed an occupational disease only if caused by a hazard recognized as peculiar to a particular trade, process, occupation, or employment as a direct result of exposure, over a period of time, to the normal working conditions of the trade, process, occupation, or employment.
(2) OCCUPATIONAL PNEUMOCONIOSIS. A disease of the lungs caused by inhalation of minute particles of dust over a period of time, which dust is due to causes and conditions arising out of and in the course of the employment, without regard to whether the causes or conditions are inherent in the employment or can be eliminated or reduced by due care on the part of the employer. The term “occupational pneumoconiosis” shall include, but without limitation, such diseases as silicosis, siderosis, anthracosis, anthrasilicosis, anthracosilicosis, anthraco-tuberculosis, tuberculosilicosis, silico-tuberculosis, aluminosis, and other diseases of the lungs resulting from causes enumerated in this section.
(3) OCCUPATIONAL EXPOSURE TO RADIATION. Gradual exposure to radiation over a period of time from the use of or direct contact with radium, radioactive substances, roentgen rays (X rays), or ionizing radiation, arising out of and in the course of the employment and resulting from the nature of the employment in which the employee is engaged, without regard to whether the exposure is inherent in the employment or can be eliminated or reduced by due care on the part of the employer.
(4) NATURE OF EMPLOYMENT. With respect to subdivisions (2) and (3) above, this term shall mean that, as to the industry in which the employee is engaged, there is attached a particular hazard of the exposure that distinguishes it from the usual run of occupations and is in excess of the hazards of the exposure attending employment in general.
(5) CONTRACTION OF AN OCCUPATIONAL DISEASE. This term shall include any aggravation of the disease without regard to the employment in which the disease was contracted.
(Acts 1971, No. 668, p. 1379; Acts 1992, No. 92-537, p. 1082, §32.)
Notes of Decisions
ArvinMeritor, Inc. v. Handley, 12 So. 3d 669 (Ala. Civ. App. 2008).
· cites it 6× “*681 Because the trial court awarded benefits pursuant to the occupational disease article, see Ala.Code 1975, § 25-5-110 et seq., the statute of limitations applicable to claims for occupational disease applies.”
Chrysler Corp. v. Henley, 400 So. 2d 412 (Ala. Civ. App. 1981).
· cites it 7× “Defendant argues here that plaintiff's asthmatic condition was not a disease within § 25-5-110, Code 1975; that her employment did not cause or aggravate this condition; and that her job did not expose her to hazards in excess of those ordinarily incident to employment in…”
Dodson v. Atrax Div. of Wallace-Murray Corp., 437 So. 2d 1294 (Ala. Civ. App. 1983).
· cites it 4× “Ala. Code § 25-5-110 (1975). It is axiomatic that an occupational disease is not compensable if it is not caused or aggravated by the nature of the employment.”
Cocking v. City of Montgomery, 48 So. 3d 647 (Ala. Civ. App. 2010).
· cites it 7× “This case concerns the issue whether an employee may recover benefits from his or her employer under Article 4 (“the occupational-disease article”), Ala.Code 1975, § 25-5-110 et seq., of the Alabama Workers’ Compensation Act (“the Act”), Ala.”
Thomas v. Gold Kist, Inc., 628 So. 2d 864 (Ala. Civ. App. 1993).
· cites it 2× “" Compensation for occupational diseases is the subject of Article 4, namely Ala.Code 1975, § 25-5-110 to -123. As previously stated by this court, one effect of the occupational disease act is to remove the strict requirement of proof that the injury occurred by accident.”
Greater Mobile Chrysler-Jeep, Inc. v. Atterberry, 11 So. 3d 835 (Ala. Civ. App. 2008).
· cites it 6× “Instead, chronic lung conditions like asthma and chronic obstructive pulmonary diseases can be compensable occupational diseases if an employee can establish both legal and medical causation under § 25-5-110.”
Ex Parte Valdez, 636 So. 2d 401 (Ala. 1994).
“The existing standard for proving occupational disease is set out in the definition of "occupational disease" in § 25-5-110(1): "A disease arising out of and in the course of employment, other than occupational pneumoconiosis and occupational exposure to radiation as defined in…”
Herchenhahn v. Amoco Chem. Co., 688 So. 2d 847 (Ala. Civ. App. 1997).
· cites it 4× “This case presents an issue of first impression in this state — whether mental or nervous disorders, including occupational stress disorder, which result from harassment experienced on the job, are compensable as occupational diseases under § 25-5-110(1), Ala. Code 1975.…”
Ex Parte Dan River, Inc., 794 So. 2d 386 (Ala. 2000).
· cites it 2× “Alabama Code 1975 § 25-5-110, defines "occupational disease": "(1) OCCUPATIONAL DISEASE.”
Middleton v. Dan River, Inc., 617 F. Supp. 1206 (M.D. Ala. 1985).
· cites it 2× “The cotton workers claim that they suffer, not only an "occupational pneumoconiosis,” but also an “occupational disease,” the subject of Article 4, 1975 Ala.Code §§ 25-5-110 through 25-5-123. It would appear that these are necessarily alternative claims.”
— Ala. Code § 25-5-110(1) — 22 cases
ArvinMeritor, Inc. v. Handley, 12 So. 3d 669 (Ala. Civ. App. 2008).
“*681 Because the trial court awarded benefits pursuant to the occupational disease article, see Ala.Code 1975, § 25-5-110 et seq., the statute of limitations applicable to claims for occupational disease applies.”
Ex Parte Valdez, 636 So. 2d 401 (Ala. 1994).
“The existing standard for proving occupational disease is set out in the definition of "occupational disease" in § 25-5-110(1): "A disease arising out of and in the course of employment, other than occupational pneumoconiosis and occupational exposure to radiation as defined in…”
Herchenhahn v. Amoco Chem. Co., 688 So. 2d 847 (Ala. Civ. App. 1997).
“This case presents an issue of first impression in this state — whether mental or nervous disorders, including occupational stress disorder, which result from harassment experienced on the job, are compensable as occupational diseases under § 25-5-110(1), Ala. Code 1975.…”
— Ala. Code § 25-5-110(2) — 2 cases
— Ala. Code § 25-5-110(4) — 1 case
— Ala. Code § 25-5-110(5) — 2 cases
ArvinMeritor, Inc. v. Handley, 12 So. 3d 669 (Ala. Civ. App. 2008).
“*681 Because the trial court awarded benefits pursuant to the occupational disease article, see Ala.Code 1975, § 25-5-110 et seq., the statute of limitations applicable to claims for occupational disease applies.”
Greater Mobile Chrysler-Jeep, Inc. v. Atterberry, 11 So. 3d 835 (Ala. Civ. App. 2008).
“Instead, chronic lung conditions like asthma and chronic obstructive pulmonary diseases can be compensable occupational diseases if an employee can establish both legal and medical causation under § 25-5-110.”
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