WILLIAM A. POPE CO. v. HOWARD

Nos. 92-SC-21-WC, 92-SC-25-WC.

851 S.W.2d 460 (1993)

WILLIAM A. POPE COMPANY, Appellant, v. Edgar Paul HOWARD; Larry D. Beale, Director of Special Fund; Suzanne Shively, Administrative Law Judge; and Workers' Compensation Board, Appellees. and Vicki G. NEWBERG, Acting Director of Special Fund, Appellant, v. Edgar Paul HOWARD; William A. Pope Company; Suzanne Shively, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

As Amended January 25, 1993.

Rehearing Denied May 27, 1993.


Attorney(s) appearing for the Case

John V. Porter, J.K. Wells, Wells, Porter, Schmitt & Walker, Paintsville, for William A. Pope Co.

Robin S. Smith, Collins, Smith & Allen, Salyersville, for Howard.

Mark C. Webster, Labor Cabinet, Special fund, Louisville, for Special Fund.


OPINION OF THE COURT

This workers' compensation case involves the twenty-year limitation period for filing asbestos-related occupational disease claims contained in KRS 342.316(3)(a) which became effective in 1986. Prior to that time such diseases were subject to the three-year limitations period and five-year repose provision, also contained in KRS 342.316(3)(a).

KRS 342.316(3)(a) provides:

The right to compensation under this chapter resulting...

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