Narrative Opinion Summary
In this judicial opinion, a claimant sought workmen's compensation from an employer, alleging an occupational disease, pneumoconiosis, developed during employment. The employer's motion to dismiss was granted by the trial court on the basis that the claim was barred by the one-year statute of limitations stipulated in Ala. Code 1975 §§ 25-5-117 and 25-5-147. On appeal, the claimant argued that Act No. 85-41, enacted in a Special Session in 1985, extended the statute of limitations to two years. The appellate court reviewed Article IV, Section 45 of the Alabama Constitution, which mandates that statutes must be fully re-enacted and published to be amended. The court found that Act No. 85-41 failed to meet these constitutional requirements, as it did not publish or reference the necessary sections to effectively amend the statute. Consequently, the court affirmed the trial court's decision, maintaining the applicability of the one-year limitation period, thereby upholding the dismissal of the claim. Judges Robertson and Russell concurred with the ruling.
Legal Issues Addressed
Amendment of Statutes under Alabama Constitutionsubscribe to see similar legal issues
Application: The court found that Act No. 85-41 did not effectively amend the statute of limitations because it failed to comply with the constitutional requirement that amendments must be re-enacted in full and published.
Reasoning: The court noted the Supreme Court of Alabama's interpretation that an amendatory act must be complete and cannot simply reference sections of the original act.
Procedural Requirements for Amendatory Actssubscribe to see similar legal issues
Application: The court ruled that Act No. 85-41 was not validly enacted as it failed to publish or reference the relevant sections of the existing statutes, thus not altering the original statute of limitations.
Reasoning: Upon reviewing Act No. 85-41, the court found that it did not properly amend the existing statute of limitations as required by the Constitution because the relevant sections were not published or referenced in the act.
Statute of Limitations for Workmen's Compensation Claimssubscribe to see similar legal issues
Application: The court upheld the application of the one-year statute of limitations for workmen's compensation claims, determining that the claim was time-barred under Ala. Code 1975 §§ 25-5-117 and 25-5-147.
Reasoning: The trial court granted this motion, determining that Sims' claim was indeed time-barred.