Railroad Co. v. Industrial Acc. Com.

Certiorari to review an award of the Industrial Accident Commission in favor of one George Prescos against petitioner of $722.10, being $8.30 per week for 87 weeks. By reason of an accident in the course of his employment by petitioner, and arising out of said employment, Prescos suffered complete loss of vision of the left eye, and became entitled upon proper application therefor to receive the amount of compensation awarded him. The accident occurred on December 1, 1914, and the proceeding before the commission was not instituted until December 23, 1915. The only amount ever in fact paid to him by petitioner was $18 paid on January 5, 1915. The claim of petitioner here is that at the time the proceeding was instituted before the commission the right of Prescos to so proceed was barred by the provisions of section 16 of the Workmen's Compensation Act which provides that "unless compensation is paid or an agreement for its payment made within the time limited in this section for the institution of proceedings for its collection, the right to institute such proceedings shall be wholly barred," and that proceedings for the collection of such a benefit as is here involved "must be…