{"data":{"id":"us-ok/okla.-stat.-tit.-85a-85a-65","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 85A, § 85A-65","heading":"Occupational disease","body":"A. If an employee suffers from an occupational disease as\n\ndefined in this section and is disabled or dies as a result of the\n\ndisease, the employee, or, in case of death, his or her dependents,\n\nshall be entitled to compensation as if the disability or death were\n\ncaused by injury arising out of work activities within the scope of\n\nemployment, except as otherwise provided in this section.\n\nB. No compensation shall be payable for an occupational disease\n\nif the employee, at the time of entering into the employment of the\n\nemployer by whom the compensation would otherwise be payable,\n\nfalsely represented himself or herself in writing as not having\n\npreviously been disabled, laid off, or compensated in damages or\n\notherwise, because of the disease.\n\nC. 1. If an occupational disease is aggravated by any other\n\ndisease or infirmity, not itself compensable, or if disability or\n\ndeath from any other cause, not itself compensable, is aggravated,\n\nprolonged, accelerated, or in any way contributed to by an\n\noccupational disease, the compensation payable shall be reduced and\n\nlimited to the proportion only of the compensation that would be\n\npayable if the occupational disease were the major cause of the\n\ndisability or death as the occupational disease, as a causative\n\nfactor, bears to all the causes of the disability or death.\n\n2. The reduction in compensation is to be effected by reducing\n\nthe number of weekly or monthly payments or the amounts of the\n\npayments, as under the circumstances of the particular case may be\n\nfor the best interest of the claimant.\n\nD. 1. \"Occupational disease\", as used in this act, unless the\n\ncontext otherwise requires, means any disease that results in\n\ndisability or death and arises out of and in the course of the\n\noccupation or employment of the employee or naturally follows or\n\nunavoidably results from an injury as that term is defined in this\n\nact. A causal connection between the occupation or employment and\n\nthe occupational disease shall be established by a preponderance of\n\nthe evidence.\n\n2. No compensation shall be payable for any contagious or\n\ninfectious disease unless contracted in the course and scope of\n\nemployment.\n\n3. No compensation shall be payable for any ordinary disease of\n\nlife to which the general public is exposed.\n\nE. 1. When compensation is payable for an occupational\n\ndisease, the employer in whose employment the employee was last\n\ninjuriously exposed to the hazards of the disease and the carrier,\n\nif any, on the risk when the employee was last injuriously exposed\n\nunder the employer shall be liable.\n\n2. The amount of the compensation shall be based on the average\n\nweekly wage of the employee when last injuriously exposed under the\n\nemployer, and the notice of injury and claim for compensation shall\n\nbe given and made to that employer.\n\nF. 1. An employer shall not be liable for any compensation for\n\nan occupational disease unless:\n\na. the disease is due to the nature of an employment in\n\nwhich the hazards of the disease actually exist and is\n\nactually incurred in the course and scope of his or\n\nher employment. This includes any disease due to or\n\nattributable to exposure to or contact with any\n\nradioactive material by an employee in the course and\n\nscope of his or her employment,\n\nb. disablement or death results within three (3) years in\n\ncase of silicosis or asbestosis, or one (1) year in\n\ncase of any other occupational disease, except a\n\ndiseased condition caused by exposure to X-rays,\n\nradioactive substances, or ionizing radiation, after\n\nthe last injurious exposure to the disease in the\n\nemployment, or\n\nc. in case of death, death follows continuous disability\n\nfrom the disease, commencing within the period, for\n\nwhich compensation has been paid or awarded or timely\n\nclaim made as provided in subparagraph b of this\n,\n\nradioactive substances, or ionizing radiation, after\n\nthe last injurious exposure to the disease in the\n\nemployment, or\n\nc. in case of death, death follows continuous disability\n\nfrom the disease, commencing within the period, for\n\nwhich compensation has been paid or awarded or timely\n\nclaim made as provided in subparagraph b of this\n\nparagraph and results within seven (7) years after the\n\nlast exposure.\n\n2. However, in case of a diseased condition caused by exposure\n\nto X-rays, radioactive substances, or ionizing radiation only, the\n\nlimitations expressed do not apply.","path":["OK Code","Title 85A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os85A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"9d1751b8232eb97dbb98c28b4b24739485e9739f5238b14544a1415e4585c58c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-85a-85a-64","next":"us-ok/okla.-stat.-tit.-85a-85a-66"},"notice":"GroundRules: Original legal text. Not legal advice."}