2019 Tennessee Code
Title 50 - Employer and Employee
Chapter 6 - Workers' Compensation Law
Part 3 - Occupational Diseases
§ 50-6-301. “Occupational diseases” defined. [Applicable to injuries occurring prior to July 1, 2014.]

Universal Citation: TN Code § 50-6-301 (2019)
  • (a) As used in this chapter, “occupational diseases” means all diseases arising out of and in the course of employment. A disease shall be deemed to arise out of the employment only if:

    • (1) It can be determined to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment;

    • (2) It can be fairly traced to the employment as a proximate cause;

    • (3) It has not originated from a hazard to which workers would have been equally exposed outside of the employment;

    • (4) It is incidental to the character of the employment and not independent of the relation of employer and employee;

    • (5) It originated from a risk connected with the employment and flowed from that source as a natural consequence, though it need not have been foreseen or expected prior to its contraction; and

    • (6) There is a direct causal connection between the conditions under which the work is performed and the occupational disease. Diseases of the heart, lung, and hypertension arising out of and in the course of any type of employment shall be deemed to be occupational diseases.

  • (b) Cumulative trauma conditions, hearing loss, carpal tunnel syndrome, and all other repetitive motion conditions shall not be considered an occupational disease unless such conditions arose primarily out of and in the course and scope of employment. The opinion of the physician, selected by the employee from the employer's designated panel of physicians pursuant to §§ 50-6-204(a)(4)(A) or (a)(4)(B), shall be presumed correct on the issue of causation but said presumption shall be rebutted by a preponderance of the evidence.

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