86Compensation for disease due to employment

86 Compensation for disease due to employment S. 86(1) amended by No. 50/1994 s. 35(2) substituted by No. 80/2010 s. 49. (1) Subject to section 82(2B), if— (a) a worker suffers a disease that results in, or materially contributes to, the worker having either a current work capacity or no current work capacity; or (b) the death of a worker is caused, or materially contributed to, by a disease— and the disease is due to the nature of any employment in which the worker was employed at any time before notice of an injury relating to the disease is given under section 102, the worker or the worker's dependants are entitled to compensation under this Act as if the disease were an injury arising out of or in the course of employment. ***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. 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.