Bailey v. Covil Corp.

Gregory, Justice:

This is a worker’s compensation case. The Hearing Commissioner denied respondent’s (Employee’s) claim and the Commission affirmed the denial. On appeal the Circuit Court reversed the Commission’s order and remanded the case for a hearing on the merits. We affirm.

Employee filed this claim to recover benefits for total disability caused by pulmonary asbestosis allegedly contracted as a result of his on-the-job exposure to asbestos. Appellants (Employers) contend the claim was not timely filed. We disagree.

Employee was definitively diagnosed and informed in August 1979 that he…