(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.
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Terms Used In Tennessee Code 50-6-302

  • Employee: includes every person, including a minor, whether lawfully or unlawfully employed, the president, any vice president, secretary, treasurer or other executive officer of a corporate employer without regard to the nature of the duties of the corporate officials, in the service of an employer, as employer is defined in subdivision (11), under any contract of hire or apprenticeship, written or implied. See Tennessee Code 50-6-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(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.
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