Hughes v. American International Shipbuilding Corp.
Hughes v. American International Shipbuilding Corp.
Opinion of the Court
Opinion by
John A. Hughes, an employee of the American International Shipbuilding. Corporation, haying received, in the course of his employment, an injury which was then supposed to be trivial, with the consent of the Workmen’s Compensation Board entered into a compensation agreement with his employer, by which it agreed to pay to him in full for the injuries sustained, the sum of $10 per week for six weeks. Payments were made and receipted for up to May 13, 1918, at which time the ten weeks expired. It subsequently developed that the injury was serioqs, causing a total loss of the use of his left hand; whereupon, on January 13, 1920, he filed a petition with the board asking a review of the compensation agreement, and that an order be made in his favor to cover the injury actually suffered.. An answer was filed, testimony taken, the petition sustained, the agreement set aside, and an appropriate order made in accordance with the facts found. Exceptions thereto, filed on appeal to the court below, were overruled by it, and judgment entered for plaintiff; whereupon the employer and its insurance carrier took this appeal.
The only question raised is whether the petition for review, which, as- above shown, was filed more than one
Its argument to sustain this contention turns exclusively on the use of the words “in any case”; and it may be admitted that if this sentence stood alone their contention would be sound. It does not stand alone, however, and we are of opinion that, taking the section in its entirety (noscitur a soeiis), those words refer to the limitations in “cases” of personal injury, and that in “cases” of death, specified in the preceding parts of the section, that is, to the limitation of one year from the date of the accident or death in the cases of entering into a
The judgment of the court below is affirmed.
Reference
- Full Case Name
- Hughes v. American International Shipbuilding Corporation
- Cited By
- 13 cases
- Status
- Published
- Syllabus
- Workmen’s compensation—Payments—Pelease—Statute of limitations—Maxim. The last sentence in section 315 of the Workmen’s Compensation Law, which provides that where “payments of compensation have been made in any case,” the limitations expressed shall not take effect until the expiration of one year from tile time of making the last payment, refers only to the eases specified in the preceding part of the section.