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Douglas v. American Oil Co.

Decided: May 6, 1964.

DOUGLAS
v.
AMERICAN OIL COMPANY



Appeal from the Circuit Court for Montgomery County (ANDERSON, J.).

The cause was argued before Brune, C.J., and Hammond, Horney, Marbury and Sybert, JJ.

Marbury

MARBURY, J., delivered the opinion of the Court.

Appellant-claimant was injured on December 31, 1959 when he fell from a ladder and landed eight feet below upon concrete. The employer and self-insurer provided medical treatment on several occasions, but the appellant lost no time from work. The employer filed a report of injury on January 1, 1963, and the appellant filed a claim for permanent partial disability on January 30, 1963 based upon the premise that the back trouble he was then experiencing related to the injury he sustained in December 1959. The Workmen's Compensation Commission disallowed the claim on the ground that it was barred by the statute of limitations, and on appeal the circuit court affirmed, granting the employer's motion for summary judgment. Thus the question presented in this Court is whether the claim was barred by limitations.

For the determination of the issue presented the following pertinent provisions of Code (1957), Article 101, are set forth:

"§ 38 (b) Report of accident by employer. Whenever an accident causing disability for a period of more than three days following the happening of such accident

occurs to any employee, it shall be the duty of the employer within ten (10) days after the receipt of notice of such accident, oral or written, to report such accident and injury resulting therefrom to the Commission. Such report shall state (1) the time, cause and nature of the accident and injuries, and the probable duration of the injury resulting therefrom; (2) whether the accident arose out of and in the course of the injured person's employment; (3) any other matters and rules and regulations as the Commission may prescribe."

"§ 38 (c) Effect of employer's failure to file report after having been given notice. Where the employer has been given notice, or the employer, or his designated representative in the place where the injury occurred, has knowledge of any injury or death of an employee, and the employer fails, neglects or refuses to file a report thereof, as required by the provisions of subsection (b) of this section, the limitations prescribed by this article shall not begin to run against the claimant or any person entitled to compensation until such report shall have been furnished as required by subsection (b) of this section."

"§ 39 (a) Accidental injury; report of physician; failure to file application as bar. When an employee is entitled to benefits under this article, he shall file with the Commission his application and the report of his physician, provided he was attended by a physician of his own selection, within sixty days after the date of his accidental injury, for which compensation is claimed, and failure to do so, unless excused by the Commission, either on the ground that the insurance carrier or the employer has not been prejudiced thereby, or for some other sufficient reason, shall be a bar to any claim under this article; provided, however, that failure of an employee to file a claim for compensation within eighteen months*fn1 from the date of

the accident shall constitute a complete bar to any claim ...


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