Smith v. Industrial Accident Commission

This is a proceeding under a writ of review to annul an award made in favor of Charles Rives, the employee of the petitioner. The commission found that Rives was injured by accident in the course of his employment by straining his wrist while endeavoring to release a clamp. It is admitted by the respondent that no written notice of the injury was served upon the defendant employer, and the sole question presented is whether he had actual knowledge of the injury, within the meaning of section 20 of the Workmen’s Compensation Act. It was denied by the petitioner in his answer and in bis testimony at the hearing that he had any such knowledge of the injury.

We are convinced that the contention of the petitioner must be upheld. The only finding made by the commission touching the question of knowledge is in these words: ‘ ‘ That said defendant employer had knowledge or notice of the happening of said accident within the time prescribed by law.” We do not think that this finding on the point of "knowledge is sufficient. The statute calls for “actual knowledge,” while the word “knowledge” may include that which is imputed. Section 20 provides that “notice in writing, stating the name…