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EWC MOC 7/1/2012 Page 3 of 10 <br />awards or judgments for such benefits and damages, including court costs, <br />interest upon awards or judgments, and allocated investigation, and legal <br />expenses, but the term loss shall not include as expenses, salaries paid to <br />employees of the Covered Party, nor fees and retainers paid to any service <br />organization. <br /> <br />VII. OCCUPATIONAL DISEASE: The term occupational disease shall include <br />death resulting therefrom and cumulative injuries. <br /> <br />VIII. OCCURRENCE: (A) All bodily injury sustained by one or more employees, as <br />a result of a single accident or event, shall be deemed to arise from a single <br />occurrence. (B) Occupational disease sustained by each employee shall be <br />deemed to arise from a separate occurrence, and the occurrence shall be <br />deemed to take place on the last day of the last exposure, in the employment of <br />the Covered Party, to conditions causing or aggravating the disease OR the <br />date upon which the employee first suffered disability and either knew, or in the <br />exercise of reasonable diligence should have known, that such disability was <br />caused by his or her employment with the Covered Party, whichever comes first. <br />C) All occupational disease sustained by one or more employees as a result of <br />an outbreak of the same communicable disease shall be deemed to arise from <br />a single occurrence. An outbreak of the same communicable disease that <br />spans more than one coverage period shall be deemed to take place during the <br />first such coverage period. <br /> <br />IX. WORKERS’ COMPENSATION ACT: The term Workers’ Compensation Act <br />shall include any separate occupational disease act, but shall not include the <br />non-occupational disability benefit provisions of any such act. The term <br />Workers’ Compensation Act includes the United States Longshore and Harbor <br />Workers Compensation Act (33 USC Sections 901-950). Coverage for loss shall <br />be limited, by amount and time of payment, to the benefits which would be <br />available under the Workers’ Compensation Act of the state where the injured <br />employee is normally employed, if that law applied. <br /> <br /> <br />EXCLUSIONS <br /> <br />Liability under Coverage Agreement I.A. does not apply to: <br /> <br />I. The Covered Party’s obligation to pay salary in lieu of temporary disability <br />benefits as required by Labor Code Section 4850 or the Covered Party’s <br />obligation to pay wages or salary as required by Education Code Sections 44984 <br />and 45192, except to the extent that the Covered Party would be obligated to <br />pay temporary disability benefits if Labor Code Section 4850 or Education Code <br />Sections 44984 and 45192 did not apply; <br /> <br />II. The Covered Party’s obligations pursuant to Labor Code Section 4856; <br />6.1.C. - Page 52