NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 553

HOUSE BILL 446

 

 

AN ACT TO AMEND THE WORKMEN'S COMPENSATION ACT TO PROVIDE COMPENSATION FOR DISABILITY OR DEATH RESULTING FROM EXPOSURE TO RADIOACTIVE MATERIALS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 97-53 is hereby amended by striking out subsection(15) thereof which now reads:

"(15)    Radium poisoning or injury by X-rays.", and by inserting in lieu thereof a new subsection (15) to read as follows:

"(15)    Radium poisoning or disability or death due to radioactive properties of substances or to roentgen rays, X-rays or exposure to any other source of ionizing radiation; provided, however, that the disease under this subsection shall be deemed to have occurred on the date that disability or death shall occur by reason of such disease."

Sec. 2.  G.S. 97-58 is hereby amended by adding at the end of subsection (c) thereof, the following:

"Provided, however, that the right to compensation for radiation injury, disability or death shall be barred unless a claim is filed within one (1) year after the date upon which the employee first suffered incapacity from the exposure to radiation and either knew or in the exercise of reasonable diligence should have known that the occupational disease was caused by his present or prior employment."

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 24th day of May, 1963.