Sullivan

The Workmen’s Compensation Appeals Board barred Sammie Sullivan’s application for benefits on the ground the statute of limitations had run. The undisputed evidence, however, shows Sullivan’s employer furnished him medical benefits. Sullivan’s claim, based on new and further disability, is timely and the Board’s decision should be annulled.

On November 29, 1964 petitioner, Sammie Sullivan, an employee of the Riverview Cemetery District (Riverview) was injured at work. Sullivan was putting a cement slab in the ground when a fellow worker dropped his end. As a result, the slab’s entire weight was imposed on Sullivan, who got a catch in his back and was unable to straighten up.

The district foreman, Jack Kellam, took Sullivan to Dr. Foster in a Riverview pickup truck. On two occasions, following instructions of his supervisor, Kellam picked up Sullivan and took him to Dr. Foster’s office.

Sullivan saw Dr. Foster four or five times, but felt he was not improving and went to another doctor. Neither Riverview nor Sullivan paid Dr. Foster. Dr. Foster’s records reflect the services rendered, charges and this notation: *961 “12-10-64 we mailed insurance paper to Metropolitan,…