39-72-408. Proximate causation. Occupational diseases shall be deemed to arise out of the employment only if:
     (1) there is a direct causal connection between the conditions under which the work is performed and the occupational disease;
     (2) the disease can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment;
     (3) the disease can be fairly traced to the employment as the proximate cause;
     (4) the disease does not come from a hazard to which workmen would have been equally exposed outside of the employment;
     (5) the disease is incidental to the character of the business and not independent of the relation of employer and employee.

     History: En. Sec. 5, Ch. 155, L. 1959; amd. Sec. 1, Ch. 40, L. 1971; R.C.M. 1947, 92-1305.