Legal Opinion

Bunker v. National Gypsum Co.

Indiana Court of Appeals

Decided September 29, 1981No. 2-680A179PublishedCited by 9 opinions

1Opinion of the Court

GARRARD, Judge.

Richard D. Bunker appeals from a decision of the Industrial Board denying disability benefits under the Occupational Disease Act, IC 22-3-7-1, et seq. The Board rejected his claim on the basis that disablement had not occurred within three years of his last exposure to the hazards of the disease.

The statutory basis for the Board’s action is IC 22-3-7-9(f),1 which states,

“(f) No compensation shall be payable for or on account of any occupational diseases unless disablement, as defined in subsection (e) of this section, occurs within two [2] years after the last day of the last…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. Clarence Borel v. Fibreboard Paper Products Corporation, Nationalsurety Corporation, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1973
  2. Short v. Texaco, Inc.Indiana Supreme Court · 1980
  3. Toth v. LenkIndiana Court of Appeals · 1975
  4. Wright-Bachman, Inc. v. HODNETTIndiana Supreme Court · 1956
  5. Calhoun v. Hillenbrand Industries, Inc.Indiana Supreme Court · 1978

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Handley v. Unarco Industries, Inc.Appellate Court of Illinois · 1984
  2. Bunker v. National Gypsum Co.Indiana Supreme Court · 1982
  3. Tomlinson v. Owens-Corning Fiberglas Corp.Supreme Court of Kansas · 1989
  4. Gray v. Daimler Chrysler Corp.Indiana Court of Appeals · 2005
  5. Bunker v. National Gypsum Co.Indiana Court of Appeals · 1981

4 more not listed; retrieve them via the Exa API.

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