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(1) Where a person has sustained an industrial injury or contracted an industrial disease, in respect of which the legislation of one State applies, and later sustains an industrial injury or contracts an industrial disease in respect of which the legislation of the other State applies, then for the purpose of determining the degree of his disablement under the legislation of the latter State, account shall be taken of the former injury or disease as if the legislation of the latter State applied to it.
(2) Where a person contracts an industrial disease, after having been employed in the territory of only one State in an occupation to which, under the legislation of that State, the disease may be attributed, the legislation of that State shall apply in his case, even if the disease is first diagnosed in the territory of the other State. This shall apply also in relation to any aggravation of the disease, provided that the person has not in the meantime been further exposed to the same risk in the territory of the latter State.
(3) Where a person contracts an industrial disease, after having been employed in the territories of both States in an occupation to which, under the legislation of both States, the disease may be attributed and he would be entitled to receive benefit in respect of that disease under the legislation of both States, whether by virtue of this Convention or otherwise, the benefit shall be payable only under the legislation of the State in whose territory he was last employed in that occupation before the disease was diagnosed.
(4) Where a person has suffered an aggravation of an industrial disease for which benefit has been paid in accordance with the provisions of paragraph (2) or (3) of this Article, the following provisions shall apply:
(a)if the person has not had further employment in occupations to which the disease or the aggravation may be attributed, or has had such employment only in the territory of the State under whose legislation benefit has been paid, any additional benefit to which he may become entitled as a result of such aggravation shall be payable only under that legislation;
(b)if the person makes a claim under the legislation of the State in whose territory he is employed on the ground that he has suffered an aggravation of the disease while he was employed in the territory of that State in occupations to which, under the legislation of that State the aggravation may be attributed, the competent institution of that State shall be liable to pay benefit only in respect of the aggravation as determined under the legislation of that State.
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