Infectious diseases are covered under the definition of occupational disease, so long as there is “clear and convincing evidence” the disease is acquired as a direct result of the employment. The employee has the burden of proving a causal link between the employment and the disease.

Occupational disease is compensable where the employee establishes it arose out of and in the course of the employment and resulted from the employment  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.


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