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Panzino v. Continental Can Co.

Decided: July 3, 1975.

LOUIS PANZINO, PETITIONER-RESPONDENT,
v.
CONTINENTAL CAN COMPANY, INC., RESPONDENT-APPELLANT



Michels, Morgan and Milmed. The opinion of the court was delivered by Michels, J.A.D.

Michels

Respondent employer appeals from a judgment in the Division of Workmen's Compensation awarding petitioner-employee workmen's compensation benefits for loss of hearing due to occupational exposure to noise.

Petitioner worked for respondent for 39 years, retiring on March 31, 1966. During the course of his employment he was exposed to loud noises which resulted in a 54% permanent binaural hearing loss. Although petitioner noticed his hearing difficulty immediately after he retired in March 1966, he testified that he first became aware that it was due to noise exposure when, sometime around Labor Day 1972, former fellow employees informed him that they were applying for compensation benefits for hearing losses sustained while employed by respondent. On September 14, 1972 petitioner filed a claim petition seeking compensation for the hearing loss. A hearing on the petition was held in the Division on September 14, 1974. In the interim, on July 3, 1974, the periods of limitation for claiming compensation for occupational disease set forth in N.J.S.A. 34:15-34 were amended by our Legislature (L. 1974, c. 65, § 1). Prior to the 1974 amendment the statute provided in pertinent part:

All claims for compensation for compensable occupational disease shall be barred unless a petition is filed * * * within two years after

the date on which the employee ceased to be exposed in the course of employment with the employer to such occupational disease as hereinabove defined, or within one year after the employee knew or ought to have known the nature of his disability and its relation to his employment, whichever period is later in duration. * * *

Notwithstanding any provision of this section hereinabove set forth, all claims for compensation for compensable occupational disease hereunder shall be forever barred unless a petition is filed * * * within five years after the date on which the employee ceased to be exposed in the course of employment with the employer to such occupational disease; * * *

The 1974 amendment, which became effective on July 3, 1974, in pertinent part now provides:

Notwithstanding time limitation for the filing of claims for compensation as set forth in sections 34:15-41 and 34:15-51, or as set forth in any other section of this Title, there shall be no time limitation upon the filing of claims for compensation for compensable occupational disease, as hereinabove defined; provided, however, that where a claimant knew the nature of the disability and its relation to the employment, all claims for compensation for compensable occupational disease shall be barred unless a petition is filed * * * within 2 years after the date on which the claimant first had such knowledge; * * *.

The judge of compensation held that the 1974 amendment conferred upon the Division jurisdiction over the petitioner's claim notwithstanding the fact that the claim was barred by the statute of limitation in effect at the time the petition was filed.

As a general rule the terms of a statute are not given retroactive operation "'unless they are so clear, strong and imperative that no other meaning can be annexed to them, or unless the intent of the legislature cannot otherwise be satisfied.'" LaParre v. Y.M.C.A. of the Oranges, 30 N.J. 225, 229 (1959). However, where a statute relates solely to procedure it is applicable to pending proceedings unless such application would disturb fixed rights or impair contract obligations. Neel v. Ball, 6 N.J. 546, 551 (1951); In re Tenure Hearing of Grossman, 127 N.J. Super. 13, 35 (App. Div. 1974), certif. den. 65 N.J. 292 (1974);

2 Sutherland, Statutory Construction (4 ed. 1973), §§ ...


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