Section 38: Presumption

38. Presumption (1) Where a workman at, or immediately before, the date of disablement, was employed in a process specified in the Second Schedule, and the disease contracted corresponds to the process in the Second Schedule, the disease, except where the certifying surgeon attests that it was not due to the nature of the employment, shall be deemed to have been due to the nature of that employment, unless the employer proves the contrary. (2) (a) Where a workman claims to be suffering from, and disabled by, a disease to which sections 36 and 37 apply, the employer may agree with the workman that he is liable to pay compensation, without requiring the workman to obtain the certificate of the certifying surgeon mentioned in those sections, and the workman shall be entitled to compensation as for injury by accident from the date of the agreement, or from such other date as may be agreed. (b) An agreement under paragraph (a) may be recorded under section 19, and shall be enforceable against the employer in the same manner and subject to the same provisions as an agreement to pay compensation in case of an injury by accident.