[Download] "Burke Et Al. v. Gardner Et Al." by Supreme Court Of Indiana * eBook PDF Kindle ePub Free
eBook details
- Title: Burke Et Al. v. Gardner Et Al.
- Author : Supreme Court Of Indiana
- Release Date : January 19, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This appeal presents only a question of law. The question is: Does an amendment extending the time for filing claims under the Indiana Occupational Diseases Act [Acts 1937, ch. 69, § 25 (c), Burns 1952 Replacement, § 40-2225 (c)] from one year to two years, authorize the filing of a claim thereunder after one year but within two years from the date of a disablement which occurred at a time when the one year period was effective, said amendment being enacted prior to the expiration of the one year period? Appellant suffered his disablement on May 28, 1954. On that date said § 25 (c) of ch. 69, Acts 1937, Burns 1952 Replacement, § 40-2225 (c) provided that claims for compensation shall be filed within one (1) year after the date of disablement. By Acts 1955, ch. 195, § 2 (c), said § 25 (c) of ch. 69 of the 1937 Acts, was amended, effective March 9, 1955, to provide that such claims shall be filed within two (2) years after the date of disablement. Appellant filed his claim on March 20, 1956, and the Industrial Board held that it had no jurisdiction in that the claim was not filed within one year after appellants disablement. We are asked to reverse that award as being contrary to law.