Sims v. Union Underwear Co., Inc.

The employee, Horace Clayton Sims, filed a claim against his employer pursuant to the Workmen's Compensation Act, Ala. Code 1975, § 25-5-1 et seq. (1986 Repl. Vol.). The employee contended that he contracted an occupational disease or occupational pneumoconiosis while employed by the employer and was, therefore, entitled to benefits.

The employer filed a motion to dismiss, contending that the employee's claim was barred by the one-year statute of limitations, specifically § 25-5-117 and § 25-5-147. At the close of all the evidence, the trial court granted the employer's motion to dismiss,…