Mizell v. Raybestos-Manhattan, Inc.

Harwell, Justice:

This appeal arises out of a workers’ compensation award of death benefits. We affirm.

The primary issue on appeal is whether the $40,000 limit on workers’ compensation awards found in Code § 42-9-100 (1976) applies. We hold that the limit does not apply.

Respondent Vivian B. Mizell’s deceased husband was employed by appellant Raybestos-Manhattan, Inc. for 34 years. He began to experience respiratory problems, and his last day of employment was July 15,1977. On May 19,1978 the legislature repealed Code § 42-9-100. Mr. Mizell subsequently died on February 22,1979. On May 2,1979…