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IMPORTANTN-0TICE

NOTTOBEPUBLISHEDOPINION

THIS OPINIONISDESIGNATED "NO7' TOBE PUBLISHED." PURSUANTTO THERULESOF CIVIL PROCEDUREPROMULGATEDBYTHE SUPREMECOURT, CR 76.28 (4) (c), THIS OPINION ISNOTTOBEPUBLISHEDANDSHALLNOTBE CITED OR USEDASAUTHORITYINANYOTHER CASEINANYCOURTOFTHISSTATE.
RENDERED: February 17, 2005 NOT TO BE PUBLISHED
,*uyrrmr Courf of 'PttufurkV
2003-SC-0971-WC
TRI-STATE ROOFING AND SHEET METAL, INC. APPELLANT
APPEAL FROM COURT OFAPPEALS
V. 2003-CA-1067-WC WORKERS' COMPENSATION BOARD NO. 02-0402
STEVEN HENSLEY; HON. ROGER D. RIGGS,
ADMINISTRATIVE LAW JUDGE; ANDWORKERS'
COMPENSATION BOARD APPELLEES

AND 2003-SC-0979-WC
STEVEN HENSLEY CROSS-APPELLANT
APPEAL FROM COURT OFAPPEALS
V. 2003-CA-1216-WC WORKERS' COMPENSTATION BOARD NO. 02-0402
TRI-STATE ROOFING AND SHEET METAL; HON. ROGER D. RIGGS, ADMINISTRATIVE LAW JUDGE; AND WORKERS' COMPENSATION BOARD CROSS-APPELLEES
MEMORANDUM OPINION OF THE COURT
AFFIRMING

An Administrative LawJudge (ALJ) determined that because the claimant filed an application for benefits within two years after a physician informed him that his condition was caused by the cumulative effects of his repetitive work, his claim was
timely. The Workers' Compensation Board (Board) and the Court of Appeals affirmed.
Although the employer appeals and the claimant cross-appeals, we affirm.
The claimant was born in 1949. Although he left high school three weeks before graduating, he later earned a GED. He served two years in the Army, after which he worked briefly before completing two years' training in sheet metal work. From 1986 to 1991 and again from 1998 until the end of March, 2000, he worked for the defendant

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