Bulger

Petition by James P. Bulger, after order depying a rehearing, praying for a review of an order made by the Industrial Accident Commission denying petitioner compensation rating for an injury alleged to have been suffered by him arising out of and in the course of his employment, while engaged as assistant engineer and watchman at the Shredded Wheat Company’s plant located in the city of Oakland, this state, on July 28, 1931. Respondent Shredded Wheat Company, a corporation, which is an adjunct of the National Biscuit Company, is self-insured. The commission held that petitioner’s claim for compensation was barred, inasmuch as no claim was filed within a period of six' months following the day of alleged injury, and no medicinal treatment was furnished or compensation paid, or other act done by the employer during or after the expiration of said six months’ period which could be said to be sufficient to toll the statute. No other issue was decided.

Petitioner at the time of said injury was forty-six years of age, and apparently in sound health. He had been in the employ of the company continuously for a period of nine years and admittedly was a very trustworthy employee. His…