Shifflett v. Powhattan Mining Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “any increase in benefits which becomes effective after the date of last exposure to the occupational disease, but before the event of disablement resulting from that disease, would apply to the disability claim”
• “asbestosis cases are unlike claims arising out of industrial accidents, in which some disability ordinarily is manifest at the time of the accidental injury or relatively soon thereafter”
• “The general rule is that benefit increases are not retroactive and that the benefit level in effect at the time of the injury controls.” (citing 2 A. Larson, Workmen’s Compensation Law § 60.50 (1981 rev. ed.))
• “The [Workers’ Compensation] Act’s occupational disease provisions as a whole reflect that the General Assembly considers disablement from occupational disease as an event which is then statutorily treated much like an injury caused by an accident.” (referring to Md.Code (1957), 1979 RepLVol.

Source: CourtListener parenthetical corpus (CC0).