Blake v. Big B, Inc.

The issue presented by this appeal (whether the holding inSims v. Union Underwear Co., 551 So.2d 1078 (Ala.Civ.App. 1989), triggered the application of the nonseverability section of Act 85-41, Acts of Ala. 1984-85, and thus invalidated the entire amendatory act) was recently resolved in Jones v.Lowe, 611 So.2d 345 (Ala. 1992).

In Sims, the plaintiff Sims filed a worker's compensation claim, alleging injury by occupational disease; the claim was filed more than one year after, but within two years of, the date of the injury. Sims contended that the one-year statutory limitations period…