3672 ARTICLE 101

last injuriously exposed to the hazards of the disease during a period of
sixty (60) days or more after the effective date of this sub-title, and the
insurance carrier, if any, on the risk when the employee was last so exposed
under such, employer.

An employer shall not be liable for any compensation for an occupa-
tional disease unless such disease shall be due to the nature of an employ-
ment in which the hazards of such disease actually exist, are characteristic
of and peculiar to the trade, occupation, process, or employment, and is
actually- incurred in his employment and unless disablement or death
results within three (3) years in case of silicosis or asbestosis, or one (1)
year in case of any other occupational disease, after the last injurious
exposure to such disease in such employment, or, in case of death, unless
death follows continuous disability from such disease, commencing within
the period above limited, for which compensation has been paid or awarded
or claim made as provided in this Article, and results within seven (7)
years after such last exposure.

1939, ch. 465, sec. 32D.

37. In the absence of conclusive evidence in favor of the claim, dis-
ability or death from silicosis or asbestosis shall be presumed in fact not to
be due to the nature of any occupation within the provisions of Section 34
of this Article, unless during the ten (10) years immediately preceding
the date of disablement the employee has been exposed to the inhalation
of silica dust or asbestos dust over a period of not less than five (5) years,
two (2) years of which shall have been in this State, under a contract of
employment existing in this State, provided, however, that if the employee
shall have been employed by the same employer during the whole of such
five-year period, his right to compensation against such employer shall not
be affected by the fact that he had been employed during any part of such
period outside of this State;

Compensation shall not be payable for partial disability due to silicosis
or asbestosis. In the event of total disability or death from uncomplicated
silicosis or asbestosis, compensation shall be payable to employees and
their dependents as follows: If disablement occurs, or, in the case of no
claim for prior disablement, if death occurs in the calendar month in
which this sub-title become effective, the total compensation and death
benefits payable shall not exceed the sum of Five Hundred Dollars
($500.00). If disablement occurs, or, in the case of no claim for prior
disablement, if death occurs during the next calendar month, the total
compensation and death benefits payable shall not exceed Fiye Hundred
and Fifty Dollars ($550.00). Thereafter the total amount of compensa-
tion for death and benefits payable for total disability and death shall
increase at the rate of Fifty Dollars ($50.00) per month; the aggregate
payable in each case to be limited according to the foregoing formula for
the month in which total disability occurs, or, in case of no claim for prior
disability, in which death occurs. Such progressive increase in the limita-
tion of the total amount in any event payable for total permanent dis-
ability and death due to silicosis or asbestosis shall continue only until such
total amount equals but does not exceed the sums which would be payable
to the particular employee or his dependents; had such total permanent
disability and death been due to an accidental injury.

In case of death from uncomplicated silicosis or asbestosis, compensa-
tion shall be payable in accordance with the foregoing provisions of this