Derwinski v. EUREKA TIRE COMPANY

The history of the occupational disease chapter supports the conclusion in the Chief Justice’s opinion, which I have signed, *490that the Legislature did not create two categories of personal injury compensable under that chapter —occupational disease and occupational disability, compensation for the former being apportionable and for the latter not.

The occupational disease chapter was added in 1937.1 The 1937 act defined the term "occupational disease” generically2 and also set forth a schedule of compensable "occupational disease[s] or condition^]”.3 A right to compensation arose only where *491the…