New York Court of Appeals
In the Matter of the Claim of Daniel Thomas v. Bethlehem Steel Corporation, Workers' Compensation Board
October 18, 198463 N.Y.2d 150
Summary
The New York Court of Appeals affirmed the Appellate Division's dismissal of a Workers' Compensation claim, holding that the 1980 amendment to section 49-bb applies only to claims that were viable on October 1, 1980 and not to all claims whose disablement and knowledge occurred earlier. The Court based its decision on statutory construction principles and the absence of clear retroactive intent. Justice Meyer dissented, arguing that the amendment's language is unambiguous and should revive all barred claims. The dissent is noted in the summary.