(DOWNLOAD) "Richard D. Bunker v. National Gypsum" by Supreme Court of Indiana No. 1082 S 403 # eBook PDF Kindle ePub Free
eBook details
- Title: Richard D. Bunker v. National Gypsum
- Author : Supreme Court of Indiana No. 1082 S 403
- Release Date : January 26, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
PIVARNIK, J. This cause comes to us on a Petition for Transfer from the Third District Court of Appeals. Plaintiff-Appellant-Respondent, Richard D. Bunker, discovered in July, 1976, that he was afflicted with asbestosis. On June 17, 1978, he applied to the Industrial Board of Indiana for disability benefits under the Indiana Workmen's Occupational Diseases Act. He alleged that his permanent disability was due to his work-related exposure to asbestos dust. The Industrial Board held that Respondent's claim was barred by the statute of limitations provision of the Occupational Diseases Act. Specifically, the Board found that Respondent's disability had not arisen within three years of the date of his last job-related exposure and therefore was not compensable. On appeal, two of the three Judges for the Third District found the statute of limitations unconstitutional and reversed the Industrial Board. Defendant-Appellee-Petitioner, the National Gypsum Company, subsequently brought this Petition for Transfer. We find the Court of Appeals in error and accordingly vacate their opinion and affirm the Industrial Board.