McClung v. National Carbon Co.
| Decision Date | 17 March 1950 |
| Citation | 190 Tenn. 202,228 S.W.2d 488,26 Beeler 202 |
| Parties | , 190 Tenn. 202 McCLUNG v. NATIONAL CARBON CO. |
| Court | Tennessee Supreme Court |
J. Shelby Coffey, Jr., Columbia, for plaintiff in error.
W. Raymond Denney, Nashville, for defendant in error.
This is a suit under the Workmen's Compensation Law, Williams' Code, § 6851 et seq., and is an appeal from a judgment against the employer, National Carbon Company, rendered in favor of the employee, Walter E. McClung, awarding him compensation for permanent total disability.
The facts are virtually undisputed. The allegation was made and the proof shows that petitioner had been an employee of the National Carbon Company for many years prior to February 8, 1947, at which time he quit work because of ill health. By Chapter 139, Public Acts of 1947, the Legislature amended the Workmen's Compensation Law so as to afford compensation to an employee for occupational diseases. The Act provides under subsection (d) of section 1 as follows: 'Injury and personal injury shall mean any injury by accident arising out of and in the course of employment and shall include certain occupational diseases arising out of and in the course of employment * * *.'
The amendatory Act provides that the effective date shall be March 12, 1947.
The proof shows that petitioner did not work for defendant after February 8, 1947, or more than a month prior to the effective date of the amendatory Act. Defendant contends that the new protection and compensation afforded by the amendment shall apply only to those employees who have contracted such occupational diseases on or after the effective date of the amendatory Act, and that such occupational diseases were to arise out of and in the course of employment, during a time after the effective date of the amendatory Act.
In March 1949, Dr. C. C. McClure, of Nashville, examined X-ray pictures of petitioner and was of the opinion that he was suffering from silicosis. Silicosis is a disease which may be contracted from breathing silica dust. Off and on prior to the time that petitioner quit work for defendant on February 8, 1947, he was exposed to silica dust, and the lower court could have been justified in holding that he contracted this disease of silicosis while an employee of defendant prior to that date. The lower court found that petitioner had silicosis prior to March 12, 1947, the effective date of the amendatory Act, but did not have it to such an extent or degree...
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Tennessee Coal & Iron Division, U.S. Steel Corp. v. Hubbert
... ... Derby & Ansonia Developing Co., 112 Conn. 129, 151 A. 518, 70 A.L.R. 1426; McClung v. National Carbon Co., 190 Tenn. 202, 228 S.W.2d 488; State ex rel. Conley v. Pennybacker, 131 ... ...
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Mergenthaler v. Asbestos Corp. of America, Inc.
...be giving the statute retroactive effect because employment ceased before enactment of the statute. McClung v. National Carbon Co., Tenn.Supr., 190 Tenn. 202, 228 S.W.2d 488 (1950) held that the disease which was caused by exposure to asbestos prior to the occupational disease statute did n......
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Housley v. American Mut. Liability Ins. Co.
...See also the case of Wilson v. Van Buren County, Tenn., 268 S.W.2d 363, and cases cited. The defendant relies on McClung v. National Carbon Co., 190 Tenn. 202, 228 S.W.2d 488, as controlling. But with all deference to counsel we find it differs from the case at bar. In that case the record ......
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Kuhne v. United States
...to radiation after leaving the employment of the Eastman Company in 1945. Defendant relies upon the case of McClung v. National Carbon Company, 190 Tenn. 202, 228 S.W.2d 488, and asserts that the facts of the McClung case are on all fours with those alleged here. In that case, the petitione......