39-72-408. Proximate causation -- determination by treating physician. (1) Occupational diseases are considered to arise out of the employment if:
     (a) there is a direct causal connection between the conditions under which the work is performed and the occupational disease;
     (b) 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;
     (c) the disease can be fairly traced to the employment as the proximate cause;
     (d) the disease comes from a hazard to which workers would not have been equally exposed outside of the employment.
     (2) If the treating physician makes a positive determination pursuant to the factors provided in subsection (1), the treating physician shall also determine by percentage the amount of the occupational disease that was attributable to work rather than to activities or other conditions unrelated to the employment.

     History: En. Sec. 5, Ch. 155, L. 1959; amd. Sec. 1, Ch. 40, L. 1971; R.C.M. 1947, 92-1305; amd. Sec. 1, Ch. 368, L. 2001.