Miller v. Industrial Accident Commission (1916) · DecisionDepot

Miller v. Industrial Accident Commission

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Apr 10, 1916 No. L. A. No. 4659Published

Before: Angellotti, Bench, From

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Holding. The court held that the statutory period for commencing proceedings before the commission begins on the date compensation money is actually paid.

Issues

Whether the date of the last payment refers to the date money is actually paid for purposes of the six-month statute of limitations.

Disposition. Annulled

Quotations verified verbatim against the opinion

“the court is unanimously of the "view that when the statute speaks of the date of the last payment it means the date on which the money is actually paid.”

“The proceeding before the commission must be commenced within six months thereafter”

Synopsis

Workmen’s Compensation Act—Payment of Compensation—Proceeding Before Commission—Statute of Limitations.—Under section 16 of the Workmen’s Compensation Act, where an employer has paid his employee compensation on account of his injury, a proceeding by the employee before the Industrial Accident Commission for an adjustment of his claim must be commenced within six months after the date on which the money was actually paid, unless there is some agreement for payment of compensation.

ANGELLOTTI, C. J., from the Bench. The court is unanimously of the "view that when the statute speaks of the date of the last payment it means the date on which the money is actually paid. The proceeding before the commission must be commenced within six months thereafter, unless there is some agreement for payment of compensation. (Industrial Compensation Act, see. 16.)

The award of the commission is annulled.

Miller v. Industrial Accident Commission

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