SENATE, No. 757

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 15, 1996

By Senator CARDINALE

An Act concerning compensable occupational diseases under workers' compensation and amending R.S.34:15-31.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. R.S.34:15-31 is amended to read as follows:

    34:15-31. a. For the purpose of this article, the phrase "compensable occupational disease" shall include all diseases arising out of and in the course of employment, which are due in a material degree to causes and conditions which are or were characteristic of or peculiar to a particular trade, occupation, process or place of employment.

    b. Deterioration of a tissue, organ or part of the body in which the function of such tissue, organ or part of the body is diminished due to the natural aging process thereof , or through the use of tobacco products by the employee, is not compensable.

(cf: P.L.1979, c.283, s.10)

    2. This act shall take effect immediately and apply to workers' compensation claims filed on or after that date.

STATEMENT

    This bill makes non-compensable as an occupational disease the deterioration of tissue, organs or parts of the body whose function is diminished through the employee's use of tobacco products.

Limits compensation for occupational diseases for use of tobacco products.