Braxton v. Chevrolet Grey Iron Foundry Division of General Motors Corp.

The dispositive issue in this workmen’s compensation case is whether the employee’s disability resulted from an occupational disease or a traumatic accident. In the former case, his date of injury would be the last day of work when the more beneficial new act applied, whereas in the latter case, it would be the date of the traumatic injury which preceded the effective date of the new act.

The hearing referee concluded:

"Further I cannot find that plaintiff sustained a new injury within the meaning of the act [i.e. *688through occupational disease] after the 9/30/63 injury.”

The fact the employee did…