Lester v. State Workmen's Compensation Commissioner

McGraw, Justice:

This is an appeal from a final order of the Workmen’s Compensation Appeal Board which affirmed a decision by the Workmen’s Compensation Commissioner denying claimant’s application for occupational pneumoconiosis benefits. In denying the application, both the Commissioner and the Appeal Board held that claimant’s application for occupational pneumoconiosis benefits was not timely filed as required by the statute in effect at the time claimant was last exposed to the hazards of occupational pneumoconiosis.

Counsel for the respective parties agree that claimant was last exposed to…