(1) This section
applies if —
(a) a
worker suffers an injury by a disease listed in column 1 of the Table
(the injury ); and
(b) the
employment in which the worker works at the time of suffering the injury or in
which the worker worked at any time before suffering the injury involved the
exposure listed for that disease in column 2 of the Table (the relevant
exposure ).
(2) If this section
applies, the injury —
(a) is a
dust disease; and
(b) is
taken to be an injury from the employment unless the employer proves
that —
(i)
the injury was not suffered in the course of the
employment, whether at or away from the place of employment; or
(ii)
the relevant exposure of the worker in the course of the
employment was trivial or minimal.
(3) Section 6(3)
does not apply in determining whether a dust disease is an injury from
employment.
Table