Aside from formal allegations, the plaintiff’s complaint and petition shows that on the 28th of September, 1920, and prior thereto, he was employed by the Northern States Power Company of Fargo as a motorman and as such was insured in the Workmen’s Compensation Fund; that while on duty as a motorman and acting in the course of his employment a short circuit occurred in the electrical driving and controlling apparatus of a street car being operated by the plaintiff and that he sustained an injury due to the short circuit, which injury had ever, since disabled him from performing any physical labor and had resulted in permanent disability; that on or about February 5, 1921, the plaintiff applied to the Workmen’s Compensation Bureau for compensation; and that his claim therefor was dismissed. . The order of dismissal, dated July 21, 1921, is stipulated as part of the record and is as follows: The bureau, “being fully advised in the premises, finds:
I.
“That on September 28, 1920, the date on which claimant alleges he was injured, he was employed by the Northern Stаtes Power Company of Fargo, North Dakota, as a street-ear motorman.
*528 II.
“That the claimant has not produced proof sufficient to establish that the disability complained of is due to an injury sustained in the course of his employment.
“Conclusion.
“The Bureau therefore concludes and determines that this claim should be dismissed for the reason that it does not appear that the claimant has sustained an injury.
“Order of dismissal.
“Now therefore, It is hereby ordered that the above entitled claim of Christ B. Hanson be, and the same hereby is dismissed without prejudice, for the foregoing reasons:
“And, It is hereby further ordered that one copy of this dismissal be served by mail upon the claimant, and that one copy be served by mail upon his employer, Northern States Power Company, Fargo, North Dakota.”
It is alleged that the plaintiff was misled by the defendants and made to bеlieve that his injury was merely temporary and that his'physical condition was not due to the injury he had received in the course of his employment when in fact it was due to such injury; that he acted upon the assurance given him by the defendants and for that reason did not appeal from the decision denying his claim for compensation, but thаt his physical condition, instead of improving, had become constantly worse and finally when advised by physicians that his condition and injury were permanent, that he would get wоrse instead of better during the rest of his life, and that his condition was due to the injury he received during the course of his employment, he made application for reviеw of his claim on February 17, 1925, which application was denied on February 19th, and that from such denial the plaintiff had appealed to the district court by notice datеd March 11, 1925. The notice of appeal appraised the defendants that the appeal was from the whole order and final decision and “from the priоr orders hereto entered denying and refusing to allow claim No. 2115 for compensation” and “from all of the proceedings had before the defendants and resрondents in *529 connection with claim No. 2415.” The alleged denial of the application for review is evidenced by two letters (attached to the complaint) written by the secretary of the burean, dated February 19th and March 3, 1925, respectively. Those letters merely state that there are no facts in the affidavits submitted which had not bеen previously acted upon; that the entire matter had been considered by the bureau several years before and, .after careful investigation, acted upon, and that there was no further action to be taken upon the claim. There is a demurrer to the complaint upon the ground that it fails to state a cause of action for appeal to the district court. From an order sustaining the demurrer the plaintiff has appealed to this court. We are of the opinion that the demurrer was properly sustained.
Section 396alY of the 1925 Supplement to the Compiled Laws of 1913 provides:
“The .bureau shall have full power and authority to hear and determine all questions within its jurisdiction, and its decision thereon shall be final. Provided, however, in case the final action of such bureau denies the right of the claimant to participate at all in the workmen’s compensation fund on the ground that the injury was self-inflicted, or on the ground that the accident did not arise in the course of employment, or upon any other ground going to the basis of the claimant’s-right, then the claimant, within thirty (30) days after the notice of the final action of such bureau may, by filing his apрeal in the district court for the county wherein the injury was inflicted, be entitled to a trial in the ordinary way. In such a proceeding, the state’s attorney of thecountj’ without аdditional compensation, shall represent the workmen’s compensation bureau, and shall be notified by the clerk forthwith of the. filing of such appeal.”
It is further prоvided that upon the appeal the court shall determine the right of the claimant and, if determined in his favor, that it shall fix his compensation within the limits prescribed in the aсt. Section 396al8 provides that, if the original claim has been made within the-time specified in § 15, the bureau “may, at any time, on its own motion or on application, review the award, and, in accordance with the-facts found on such review, may end, diminish, or increase the compensation previously awarded, or, if compensаtion has been refused or-discontinued, award compensation.”
*530 Where an appeal is sought from a decision of the Workmen’s Compensation Bureau, it must be tаken -within the time limited in the statute. This period is thirty days. The original order of dismissal in this case was entered more than three years prior to the attempted appeаl and, of course, it cannot be contended that it later became reviewable because of the failure of the bureau to act favorably upon thе belated additional showing. This would destroy the limitation.
It does not follow, however, that the plaintiff is wholly without remedy. As was said by this court in the case of Crandall v. North Dakota Workmen’s Comp. Bureau,
Another reason why we think the demurrer was properly sustained is that the complaint and petition, in our оpinion, fails to show that the bureau itself^ actually passed upon the additional showing. It is
*531
not to be inferred from this that an adverse decision upon the additional showing wоuld be reviewable upon an appeal from such decision. See Crandall v. North Dakota Workmen’s Comp. Bureau, supra; State ex rel. Craig v. North Dakota Workmen’s Comp. Bureau,
The order appealed from is affirmed.