Senate Bill No. 828 Summary

• Defines "occupational disease" to require that occupational exposure be the "prevailing factor" (primary factor) in causing both the resulting medical condition and disability, excluding ordinary deterioration from aging or normal daily activities.

• Recognizes repetitive motion injuries and occupational diseases from noise exposure, radiation, communicable diseases, and certain cardiovascular/respiratory conditions in firefighters as compensable if direct causal relationship is established.

• Establishes that occupational diseases from repetitive motion lasting less than three months may make the prior employer liable if that exposure was the prevailing factor in causing the injury.

• Excludes mental injuries from work-related stress unless the stress is demonstrated to be extraordinary and unusual, and excludes injuries resulting from disciplinary actions, evaluations, transfers, layoffs, or demotions taken in good faith by the employer.

• Prohibits employer subrogation against third parties when an occupational disease was caused by toxic exposure and the employer caused the disease.