Miller v. Industrial Accident Commission

California Supreme Court April 10, 1916

Miller v. Industrial Accident Commission, 172 Cal. 473 (Cal. 1916)

Angellotti, Bench, From

Opinion of the Court

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.

Reference

Full Case Name: J. H. MILLER v. INDUSTRIAL ACCIDENT COMMISSION OF THE STATE OF CALIFORNIA, Respondents OSCAR SHIELD, Applicant
Status: Published
Syllabus: 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.