Sec. 10. (a) As used in this chapter, "occupational
disease" means a disease arising out of and in the course of the
employment. Ordinary diseases of life to which the general public is
exposed outside of the employment shall not be compensable, except
where such diseases follow as an incident of an occupational disease
as defined in this section.
(b) A disease arises out of the employment only if there is apparent
to the rational mind, upon consideration of all of the circumstances, a
direct causal connection between the conditions under which the work
is performed and the occupational disease, and which can be seen to
have followed as a natural incident of the work as a result of the
exposure occasioned by the nature of the employment, and which can
be fairly traced to the employment as the proximate cause, and which
does not come from a hazard to which workers would have been
equally exposed outside of the employment. The disease must be
incidental to the character of the business and not independent of the
relation of employer and employee. The disease need not have been
foreseen or expected but after its contraction it must appear to have had
its origin in a risk connected with the employment and to have flowed
from that source as a rational consequence.
Formerly: Acts 1937, c.69, s.6. As amended by P.L.144-1986,
SEC.61; P.L.28-1988, SEC.51.
Notes of Decisions
May v. ASHLEY F. WARD, INC. (2011)
indctapp · cites it 4×
“May’s claim was submitted for an alleged occupational disease, which is defined in Ind.Code Ann. § 22-3-7-10 (West, Westlaw through 2011 Pub.”
Harris v. United Water Services, Inc. (2011)
indctapp · cites it 6×
“Plaintiff did not present any evidence or even allege that he had contracted stomach cancer in a manner consistent with the definition of occupational disease in Indiana Code § 22-3-7-10. Id. at 11. Harris now appeals.”
Duvall v. ICI Americas, Inc. (1993)
indctapp · cites it 2×
“The definition of an "occupational disease" found in Indiana Code § 22-3-7-10 is incomplete because it assumes that the employee suffers from a "disease" and focuses on whether the disease is causally connected to workplace conditions.”
McSpadden v. Big Ben Coal Co. (1980)
iowa
“2d 221 (1953) (bronchiectasis caused by inhalation of iron dust held occupational disease, defined, in part, in Ind.Code § 22-3-7-10 (1976) (formerly 1937 Ind.”
Baker v. Westinghouse Electric Corp. (1993)
insd · cites it 2×
“k is performed and the occupational disease, and which can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment, and which can be fairly traced to the employment as the proximate cause, and which does…”
Thiele v. Select Med. Corp. (2024)
neb
“When the Nebraska Legislature adopted the Workmen’s Compensation Law in 1913, only injuries caused “by accident” and arising out of and in the course of employ- ment were compensable, 14 and compensable injuries were 9 See, e.”
Buford v. American Telephone & Telegraph Co. (1989)
ca7
“” Ind.Code § 22-3-7-10(b). Thus, the essence of a claim under the *434 Occupational Diseases Act is harm resulting from exposure to dangerous conditions inherent in the workplace but not ordinarily encountered outside of the employment context.”
— Ind. Code § 22-3-7-10(a) — 1 case
— Ind. Code § 22-3-7-10(b) — 1 case
Buford v. American Telephone & Telegraph Co. (1989)
ca7
“” Ind.Code § 22-3-7-10(b). Thus, the essence of a claim under the *434 Occupational Diseases Act is harm resulting from exposure to dangerous conditions inherent in the workplace but not ordinarily encountered outside of the employment context.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.