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BUNKER v. NATIONAL GYPSUM CO.

No. 2-680A179.

426 N.E.2d 422 (1981)

Richard D. BUNKER, Plaintiff-Appellant, v. NATIONAL GYPSUM COMPANY, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied November 30, 1981.

Attorney(s) appearing for the Case

M. Robert Benson, Ronald E. James, Sowers & Benson, Fort Wayne, for plaintiff-appellant.

Edward J. Ohleyer, James L. Petersen, Ice, Miller, Donadio & Ryan, Indianapolis, for defendant-appellee.

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...

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