(1) Subject to
subsections (2), (3) and (4), the compensation is recoverable from the
employer who last employed the worker during the period of one year mentioned
in section 32, or, in the case of pneumoconiosis, mesothelioma, lung cancer or
diffuse pleural fibrosis, who last employed the worker, in the employment to
the nature of which the disease is, or was, due.
(2) The worker or his
dependants shall, if so required, furnish that employer with such information
as to the names and addresses of all the other employers who employed him in
the employment during that period of one year, or in the case of
pneumoconiosis, mesothelioma, or lung cancer, at any time previous to the date
on which the worker was rendered less able to earn full wages, as he or they
may possess.
(3) If that employer
alleges that the disease was in fact contracted whilst the worker was in the
employment of some other employer and not whilst in his employ, he may join
such other employer as a party to the proceedings, and if the allegation is
proved, that other employer shall be the employer from whom the compensation
shall be recoverable.
(4) If the disease is
of such a nature as to be contracted by a gradual process, any other employers
who during that period of one year, or in the case of pneumoconiosis,
mesothelioma, or lung cancer, at any time previous to the date on which the
worker was rendered less able to earn full wages, employed the worker in the
employment to the nature of which the disease was due shall be liable to make
to the employer from whom compensation is recoverable such contributions as,
in default of agreement, may be determined in proceedings under this Act for
settling the amount of the compensation.
(5) Where an employer
has been insured by more than one insurer, then those insurers shall be
entitled to be heard upon any application to have liability apportioned
between them in terms of subsection (4).
[Section 41 amended: No. 42 of 2004 s. 31; No. 31
of 2011 s. 87.]