Cummins v. State Workmen's Compensation Commissioner

It is with deference that I dissent from the holding of the Court in this case. It is my opinion that the majority has simplified a complex question by determining that this language of Code, 23-4-6a, “whether or not capacity for work is or has been impaired by such silicosis;” is clear and unambiguous, disregarding all other provisions of the workmen’s compensation law, and holding that this claimant is eligible for an award for first stage silicosis even though he is receiving benefits from the fund under a total permanent or fife award from a former employer. *789All statutory references…