Discovery Rule Can't Be Applied Retroactively to Plumber's Asbestosis Claim

MONTPELIER, Vt. - A state law adopting the discovery rule for occupational illnesses cannot be applied retroactively to a claim filed by a plumber who was denied compensation because he failed to file a claim within five years of his most recent asbestos exposure. Carter v. Fred's Plumbing & Heating, Inc., No. 2001-533 (Vt. Sup. Ct.).

That was the conclusion reached by the Vermont Supreme Court on Nov. 4 after weighing the appeal of Harold Carter, a former plumber diagnosed with asbestosis in June 1999, about 10 years after he stopped working in the industry.

Carter, who worked as a …