Duvall v. Charles Connell Roofing

MOORE, Justice.

For over twenty-five years decisions of this Court have engrafted the “unusual exertion” rule upon our Workmen’s Compensation Law. Thus, an employee with a “pre-existing physical weakness”, whose employment aggravates that condition, is denied compensation unless it can be shown that the worker was engaged in some form of unusual exertion at the time of a job related injury. 1 Today we reexamine this rule of law and abandon it.

William Duvall appeals a decision of the Superior Court affirming the Industrial Accident Board’s denial of workmen’s compensation benefits allegedly due…