Section 44. Liability of employer  


Latest version.
  • The  total compensation due shall be
      recoverable from the employer who last  employed  the  employee  in  the
      employment  to  the  nature of which the disease was due and in which it
      was contracted. If, however, such disease,  except  silicosis  or  other
      dust  disease and compressed air illness or its sequelae, was contracted
      while such employee was in the  employment  of  a  prior  employer,  the
      employer  who  is  made liable for the total compensation as provided by
      this section, may appeal to the  board  for  an  apportionment  of  such
      compensation  among  the  several employers who since the contraction of
      such disease shall have employed such employee in the employment to  the
      nature  of  which  the  disease  was  due.  Such  apportionment shall be
      proportioned to the time such employee was employed in  the  service  of
      such  employers, and shall be determined only after a hearing, notice of
      the time and place of which shall have  been  given  to  every  employer
      alleged  to be liable for any portion of such compensation. If the board
      finds that any portion of such compensation is payable  by  an  employer
      prior  to  the employer who is made liable for the total compensation as
      provided by this section, it shall make an award accordingly in favor of
      the last employer, and such award may be enforced in the same manner  as
      an award for compensation.