Zielinski Construction Co. v. Burden

OPINION OF THE COURT

This workers’ compensation appeal concerns a retraining incentive benefit (RIB) claim in which the last exposure occurred before December 12, 1996, but in which the claim was filed after that date. At issue is whether the filing date controls the worker’s entitlement to the benefit. We conclude that it does not.

The claimant received his last injurious exposure to coal dust on July 5, 1996, but his RIB claim was not filed until July 30, 1998. As a result, a question arose concerning the extent to which the claim was governed by the December 12, 1996, amendments to Chapter…