Hamilton v. Jeffrey Stone Co., 297 Ark. 24, 759 S.W.2d 792 (1988)

Nov. 7, 1988 · Arkansas Supreme Court · 88-168

297 Ark. 24, 759 S.W.2d 792

Clayton HAMILTON v. JEFFREY STONE CO., et al.

88-168

759 S.W.2d 792

Supreme Court of Arkansas

Opinion delivered November 7, 1988

The McMath Law Firm, by: Eileen W. Harrison, for appellant.

Michael E. Ryburn, for appellees.

Darrell Hickman, Justice.

This case was before us last year. We remanded it to the court of appeals to decide the constitutionality of the time limitation placed on filing a workers’ compensation disability claim when disability results from silicosis. Hamilton v. Jeffrey Stone Co., 293 Ark. 499, 739 S.W.2d 161 (1987) . The court of appeals held that the appellant’s proof was not sufficient to show that the limitations period violates the equal protection and due process clauses of the U. S. Constitution. Hamilton v. Jeffrey Stone Co., 25 Ark. App. 66, 752 S.W.2d 288 (1988).

Again we were asked to review the decision of the court of appeals, and we granted the petition. Upon further study, we have determined that review was improvidently granted.

Review denied.