Goff v. Mills

I disagree.

The claimant last worked for appellant in 1960 when, totally disabled due to his breathing difficulties, he was forced to retire. He did not file a claim until January 5,1979, nearly *387twenty years after he retired. Using the statute applicable in 1960 and this Court’s decision in Drake v. Raybestos-Manhattan, Inc., et al., 241 S. C. 116, 127 S. E. (2d) 288 (1962), the Commission found the claimant knew he had a compensable injury in 1960. The circuit court retroactively applied S. C. Code Ann. § 42-15-40 (1976) as amended, and reversed.

First, I would hold § 42-15-40 (1975) is not…