“Occupational disease” is limited to only those diseases which arise out of and in the
course of the employee’s employment. The diseases shall have a direct causal connection
with the employment and must have followed as a natural incident thereto from injurious
exposure occasioned by the nature of the employment. An occupational disease must be
incidental to the character of the business, occupation, or process in which the employee was
employed and not independent of the employment. The disease need not have been foreseen
or expected, but, after its contraction, the disease must appear to have had its origin in a
risk connected with the employment and to have resulted from that source as an incident
and rational consequence. A disease which follows from a hazard to which an employee
has or would have been equally exposed outside of that occupation is not compensable as
an occupational disease.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §85A.8]
2022 Acts, ch 1021, §28
Referred to in §85.61
\n
Notes of Decisions
IBP, Inc. v. Burress, 779 N.W.2d 210 (Iowa 2010).
· cites it 12× “Section 85A.8 defines occupational disease: Occupational diseases shall be only those diseases which arise out of and in the course of the employee’s employment.”
McSpadden v. Big Ben Coal Co., 288 N.W.2d 181 (Iowa 1980).
· cites it 6× “In 1973, the legislature broadened the definition of occupational diseases in section 85A.8 by omitting the restriction that the disease in question be one of those listed in a schedule of specific diseases.”
Dunlavey v. Econ. Fire & Cas. Co., 526 N.W.2d 845 (Iowa 1995).
· cites it 2× “They shall not include a disease unless it shall result from the injury and they shall not include an occupational disease as defined in section 85A.8. In one of our earlier cases, we expanded on this incomplete definition of “personal injury” by stating: A personal injury,…”
Doerfer Div. of CCA v. Nicol, 359 N.W.2d 428 (Iowa 1984).
· cites it 2× “At the same time the legislature broadened the definition of occupational diseases in Iowa Code section 85A.8. See 1973 Iowa Acts ch. 144 § 24; McSpadden v.”
Noble v. Lamoni Prods., 512 N.W.2d 290 (Iowa 1994).
· cites it 2× “Iowa Code § 85A.8. In McSpadden v. Big Ben Coal Co.”
Frit Indus. v. Langenwalter, 443 N.W.2d 88 (Iowa Ct. App. 1989).
· cites it 4× “8 (1987) states: Occupational diseases shall be only those diseases which arise out of and in the course of the employee’s employment.”
Anderson v. Brinkhoff, 859 P.2d 819 (Colo. 1993).
“”); Iowa Code § 85A.8 (1993) (“A disease which follows from a hazard to which an employee has or would have been equally exposed outside of said occupation is not compensable as an occupational disease.”
IBP, Inc. Vs. Lee Burress (Iowa 2010).
· cites it 12× “Section 85A.8 defines occupational disease: Occupational diseases shall be only those diseases which arise out of and in the course of the employee’s employment.”
Ibp, Inc. Vs. Lee Burress (Iowa 2009).
· cites it 12× “Section 85A.8 defines occupational disease: Occupational diseases shall be only those diseases which arise out of and in the course of the employee’s employment.”
IBP, Inc. v. Burress, 776 N.W.2d 102 (Iowa 2009).
· cites it 12× “Section 85A.8 defines occupational disease: Occupational diseases shall be only those diseases which arise out of and in the course of the employee's employment.”
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