WORKERS’ COMPENSATION LIABILITY FOR INFECTIOUS DISEASES STATE BY STATE



WEST VIRGINIA

Infectious disease follows Occupational disease section.

Occupational diseases are compensable only if they meet the following six requirements:

  1. There is a direct causal connection between the conditions under which work is performed and the occupational disease.
  2. It 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.
  3. It can be fairly traced to the employment as the proximate cause.
  4. It does not come from a hazard to which workmen would have been equally exposed outside of the employment.
  5. It is incidental to the character of the business and not independent of the relation of employer and employee.
  6. It appears to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence, though it need not have been foreseen or expected before its contraction.


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