Associated Indemnity Corp. v. Industrial Accident Commission

Harvey was an employee of a tiling concern and suffered disability arising out of and in the course of his employment. In working about the tile which his employer manufactured his lungs became affected by the dust which constantly arose from the product while he was working over it. The symptoms of his disability began strikingly to exhibit themselves about three years before he finally made claim for compensation to the Industrial Accident Commission, and he was incapacitated because of the gradual • increase of the disaffection, being thereby forced to cease the employment, five months before the claim was made. Petitioner, the insurance carrier, contends that the claim was barred by the six months’ period of limitation provided by the Workmen’s Compensation Act. The act formerly provided that claims must be filed not more than six months after an “accident”, but it was long ago amended so as to provide for the running of the same period from the “injury” suffered by the claimant.

When the present matter was before respondent Industrial Accident Commission that body rendered the following written opinion denying a rehearing after the adjustment of compensation which was…