SIMS v. UNION UNDERWEAR CO., INC.

Civ. 7017.

551 So.2d 1078 (1989)

Horace Clayton SIMS v. UNION UNDERWEAR COMPANY, INC.

Court of Civil Appeals of Alabama.

August 9, 1989.


Attorney(s) appearing for the Case

Rick Harris, Stephen R. Glassroth and L. Gilbert Kendrick of Moore, Kendrick, Glassroth, Harris & White, Montgomery, for appellant.

Michael K. Beard of Rives & Peterson, Birmingham, for appellee.


INGRAM, Presiding Judge.

The employee, Horace Clayton Sims, filed a claim against his employer pursuant to the Workmen's Compensation Act, Ala. Code 1975, § 25-5-1 et seq. (1986 Repl. Vol.). The employee contended that he contracted an occupational disease or occupational pneumoconiosis while employed by the employer and was, therefore, entitled to benefits.

The employer filed a motion to dismiss, contending that the employee's claim was barred by the...

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