Ashlock v. Liberty Glass Co.

BACON, Judge.

Worker filed a claim for lung damage two and one-half years after his last hazardous exposure with Employer. Worker left Employer’s employment on March 31, 1983, and filed his claim on January 6, 1986.

When the case came on for trial, the trial judge indicated that he felt that the claim *1026was barred by the two-year statute of limitations as a matter of law. 85 O.S.Supp. 1986 § 43(A). That is, the judge felt that any claim filed after two years is now barred as a matter of law.

Worker then made an offer of proof which consisted of a showing that he first became aware of the fact that…