LMA 5504 – Occupational Disease and Cumulative Trauma Endorsement

Occupational Disease and Cumulative Trauma Endorsement

1. This reinsurance agreement does not apply to and specifically excludes Occupational Disease and
Cumulative Trauma losses unless such losses arise as a result of a sudden and accidental event
which takes place in its entirety at a specific location, does not exceed any period of 48
continuous hours in duration, and involves injury, disability or death. For the purposes of this
paragraph, “sudden” shall mean that the first and last exposure(s) of all individuals to the event
that contribute to the loss shall have occurred within a single and continuous 48-hour period.

2. All resulting Occupational Disease or Cumulative Trauma losses shall be considered as one Loss
Occurrence and may be combined with losses classified as other than Occupational Disease or
Cumulative Trauma which arise out of the same event, and the combination of such losses shall
be considered as one Loss Occurrence within the meaning hereof as respects coverage classified
as Workers’ Compensation Act and Employers’ Liability including the United States Longshore and
Harbor Workers’ Compensation Act, the Jones Act, the Federal Employers’ Liability Act, the
Maritime Employers’ Liability Act and any other similar act.

3. Notwithstanding the provisions of paragraph 2, it is further understood and agreed that for the
purposes of this reinsurance agreement a Loss Occurrence arising out of or caused by a
Communicable Disease, shall be deemed to be an Occupational Disease. This provision applies
irrespective of whether or not the injury, disability or death is compensable as an accident,
accidental injury or such like as defined under Workers’ Compensation or any similar law by
applicable State or Federal statutes or regulations. Furthermore, this provision also applies to
any Communicable Disease suffered by an employee for which an insured is liable under coverage
classified as Employers’ Liability without regard to causation.
Definitions

4. Communicable Disease means any disease which can be transmitted by means of any substance
or agent from any organism to another organism where:
4.1. the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other
organism or any variation thereof, whether deemed living or not, and
4.2. the method of transmission, whether direct or indirect, includes but is not limited to,
airborne transmission, bodily fluid transmission, transmission from or to any surface or
object, solid, liquid or gas or between organisms, and
4.3. the disease, substance or agent can cause or threaten bodily injury, illness, emotional
distress or damage to human health, human welfare or property damage.

5. Cumulative Trauma as used in this reinsurance agreement shall mean an injury that fulfills all of
the following conditions:
5.1. It has occurred from, and has been aggravated by, a repetitive employment related activity;
5.2. It is not traceable to a definite compensable accident occurring during the employee’s
present or past employment;
5.3. It has resulted in injury, disability or death.

6. Occupational Disease as used in this reinsurance agreement shall mean any abnormal condition
that fulfills all of the following conditions:
6.1. It has been caused by exposure to a disease-producing agent present in the employee’s
occupational environment;
6.2. It is not traceable to a definite compensable accident occurring during the employee’s
present or past employment;
6.3. It has resulted in injury, disability or death.

LMA5504
22 May 2020

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