Employer's Liability Assurance Corp. v. Industrial Accident Commission

KNIGHT, J.,

pro tem.

This is a proceeding to review and annul an award of $267.81 granted by the Industrial Accident Commission to J. F. Souza on account of injuries sustained by him while in the course of his employment. The issue presented is whether or not Souza’s claim is barred by the period of limitation prescribed by the Workmen’s Compensation Act, and the determination of that question depends upon whether or not the disability for which the claim is presented was a “new and further disability” within the meaning of that term as it is used in said act.

On September 10, 1920, Souza fell from a wagon and sustained a fractured skull. Medical and hospital treatment were supplied by the insurance carrier, and on November 22, 1920, Souza returned to work for his former employer at apparently as good wages as he had previously received, but, on account of a still weakened condition, he was assigned to lighter work. On November 26, 1920, a payment of compensation was made to Souza by the insurance carrier in the sum of $44.27. About January 1, 1921, Souza complained to his employer that he was unable to continue the work and was thereupon, by the direction of the physician who had previously treated him, placed in the hospital for ten days. He was incapacitated for work this second time on account of his injury until about the end of March, 1921.

On June 4, 1921, Souza filed this application for an award, which was granted, in the sum of $267.81, upon the ground, as respondent contends, that the original injury to Souza had caused “new and further disability.”

[259]

Section 11 (e) of,said Workmen’s Compensation Act provides, among other things, that an injured employee “may institute proceedings for the collection of compensation within 245 weeks after the date of the injury upon the grounds that the original injury has caused new and further disability,” but in said section it is further provided that “proceedings . . . must be commenced within six months from the date of the injury . . . or . . . six months from the date of the . . . last payment of . . . compensation.” If, therefore, on January 1, 1921, at the time Souza was again compelled to quit his employment, he was suffering from a “new and further disability” resulting from the original injury, his claim was filed within six months of date of the new disability and consequently is not barred.