Murray v. Luzenac Corp.

¶ 1. Defendant Luzenac Corporation appeals the decision of the Commissioner of Labor and Industry granting plaintiffs summary judgment motion. Defendant claims that the Commissioner erred by: (1) holding that plaintiffs claim was not time-barred pursuant to the Occupational Disease Act (ODA), 21 V.S.A. § 1006(a) (1987) (repealed by 1999, No. 41, § 8(a)(1)); (2) applying the “discovery rule” from 21 V.S.A. § 660(b); and (3) relying upon the Commissioner’s earlier decision in Sheltra v. Vermont Asbestos Group. Although the Commissioner’s analysis and reliance on Shettra was erroneous, see…