Ford v. State Workmen's Compensation Commissioner

Caplan, Chief Justice:

These cases present substantially the same question and for the purpose of appeal are consolidated for decision. The question thus presented is whether a claimant who has been awarded permanent partial disability benefits for occupational pneumoconiosis is permitted under the workmen’s compensation act to file a new claim, based upon essentially the same period of exposure or must he seek a reopening of the previous claim. The appeal board found that the claimants must seek a reopening and these appeals were prosecuted. We reverse.

Claimant Ford was employed by Union…