Occupational Disease

Occupational Disease:

A claimant sustains an occupational disease when the injury is the incident of the

work, or a result of exposure occasioned by the nature of the work and does not come 

from a hazard to which the worker would have been equally exposed outside of the 

employment. Section 8-40-201(14), C.R.S.  The claimant has the burden to prove the 

alleged occupational disease was caused, aggravated, or accelerated by the claimant’s 

employment or working conditions.  See Wal-Mart Stores, Inc. v. Industrial Claim Appeals 

Office, 989 P.2d 251 (Colo. App. 1999).  The failure to establish a causal connection 

between the injury and the employment is fatal to a claim for compensation.  

See Kinninger v. Industrial Claim Appeals Office,  759 P.2d 766 (Colo. App. 1988).

Original Source: From the archives of The Law Office of O'Toole & Sbarbaro, P.C.

Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.

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