s. 87 Note is defined (section 5(1)) as a present current work capacity inability arising from an injury such that the worker is not able to return to his or her pre-injury employment but is able to return to work in suitable employment. (1A) For the purposes of subsection (1), a disease S. 86(1A) inserted by suffered by a worker is to be regarded as due to No. 80/2010 the nature of employment if, and only if, the s. 49. nature of the employment gave rise to a significantly greater risk of the worker contracting the disease than had the worker not been employed in employment of that nature. (2) Despite subsection (1), compensation is not S. 86(2) inserted by payable in respect of a disease to the extent that No. 95/2003 the disease consists of, is caused by, results in or s. 3(7)(c). is associated with a heart attack injury or a stroke injury unless the worker's employment was a significant contributing factor to the disease or to the injury. Note This section in its current form only applies to injuries that occur on or after the date of commencement of section 3 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003—see section 263. 87 Proclaimed diseases (1) The Governor in Council, after consultation by the S. 87(1) amended by Minister with the Authority, may by proclamation No. 67/1992 published in the Government Gazette from time to s. 64(7)(a). time proclaim diseases in relation to places, processes or occupations for the purpose of this section. (2) Without derogating from section 86, if at the time S. 87(2) amended by a claim was made a proclamation under Nos 67/1992 subsection (1) was in force and— s. 64(7)(a), 50/1993 s. 78(1)(d), (a) the worker has been employed at any place 81/1998 or in any process or occupation proclaimed s. 23(b). under subsection (1); and
Note current work capacity is defined (section 5(1)) as a present inability arising from an injury such that the worker is not able to return to his or her pre-injury employment but is able to return to work in suitable employment. S. 86(1A) inserted by No. 80/2010 s. 49. (1A) For the purposes of subsection (1), a disease suffered by a worker is to be regarded as due to the nature of employment if, and only if, the nature of the employment gave rise to a significantly greater risk of the worker contracting the disease than had the worker not been employed in employment of that nature. S. 86(2) inserted by No. 95/2003 s. 3(7)(c). (2) Despite subsection (1), compensation is not payable in respect of a disease to the extent that the disease consists of, is caused by, results in or is associated with a heart attack injury or a stroke injury unless the worker's employment was a significant contributing factor to the disease or to the injury. Note This section in its current form only applies to injuries that occur on or after the date of commencement of section 3 of the Accident Compensation and Transport Accident Acts (Amendment) Act 2003—see section 263. 87 Proclaimed diseases s. 87 S. 87(1) amended by No. 67/1992 s. 64(7)(a). (1) The Governor in Council, after consultation by the Minister with the Authority, may by proclamation published in the Government Gazette from time to time proclaim diseases in relation to places, processes or occupations for the purpose of this section. S. 87(2) amended by Nos 67/1992 s. 64(7)(a), 50/1993 s. 78(1)(d), 81/1998 s. 23(b). (2) Without derogating from section 86, if at the time a claim was made a proclamation under subsection (1) was in force and— (a) the worker has been employed at any place or in any process or occupation proclaimed under subsection (1); and
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