Fleming v. International Paper Co.

¶1 Eldon Fleming appeals a Decision and Order of the Workers’ Compensation Court (WCC) granting International Paper Company’s (IPC) Motion to Dismiss Fleming’s occupational disease claim. We reverse and remand for further proceedings consistent with this Opinion.

¶2 Fleming raised the following issues on appeal:

¶3 1. Whether the WCC erred when it failed to apply the statute in effect on Fleming’s last day of employment for IPC.

¶4 2. Whether retroactive application of § 39-72-403, MCA (2003), violates the contract clause of the Montana Constitution.

¶5 3. Whether more than one claim for…