Morell v. ASARCO, Inc.

OPINION

COOPER, Justice.

This action was brought by James B. Morell against his last employer ASARCO, Inc., to recover benefits for permanent total disability resulting from the occupational disease of silicosis. The trial judge dismissed the action, and the employee appealed.

T.C.A. § 50-1106 provides that “when an employee has an occupational disease, the employer in whose employment he was last injuriously exposed to the hazards of the disease, ... shall alone be liable therefor .... ” Under this statute, it is not the last employment nor the last exposure to the hazards of the disease which…