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Frank J. Cash, an employee of Ideal Cement Company for over 27 years, filed a workmen's compensation claim for disability due to silicosis. The Chancery Court of Knox County dismissed the case, citing the one-year statute of limitations. Cash appealed, arguing that the statute should run from the date of diagnosis (June 1973), not the date of disability (March 1973), as he lacked prior knowledge of his occupational disease. The Supreme Court of Tennessee, referencing precedent like Murray Ohio Manufacturing Company v. Vines, agreed that the statute of limitations begins when the incapacity and its occupational disease cause are discoverable. The court found no evidence that Cash knew his breathing issues were due to an occupational disease before his June 1973 diagnosis. Consequently, the chancellor's decision was reversed, and the case was remanded for a determination of notice and the extent of disability.
Cash v. Ideal Cement Co. is a workers' compensation case decided in Tennessee Supreme Court. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Tennessee Supreme Court.
Full Decision Text1 Pages
Frank J. Cash, an employee of Ideal Cement Company for over 27 years, filed a workmen's compensation claim for disability due to silicosis. The Chancery Court of Knox County dismissed the case, citing the one-year statute of limitations. Cash appealed, arguing that the statute should run from the date of diagnosis (June 1973), not the date of disability (March 1973), as he lacked prior knowledge of his occupational disease. The Supreme Court of Tennessee, referencing precedent like Murray Ohio Manufacturing Company v. Vines, agreed that the statute of limitations begins when the incapacity and its occupational disease cause are discoverable. The court found no evidence that Cash knew his breathing issues were due to an occupational disease before his June 1973 diagnosis. Consequently, the chancellor's decision was reversed, and the case was remanded for a determination of notice and the extent of disability.
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