134 Minn. 21 | Minn. | 1916
■ This was a proceeding in the district court by A. A. Anderson under the Workmen’s Compensation Act against the General Accident Fire & Life Assurance Corporation, Limited, the insurer of the Bay State Milling Company, his employer. There was judgment for the insurance company. The judgment is before us upon a writ of cerMorari issued on the relation of Anderson.
Anderson was in the employ of the Bay State Milling Company of Winona on April 11, 1914, and on that day was injured under circumstances giving him a right to compensation under the Workmen’s Compensation Act of 1913 (Laws 1913, p. 675, c. 467). The proceeding for compensation was brought in November, 1915, a year and eight months after his injury. The act of 1913 contained no limitation upon the time within which a claim for compensation might be made. On April 21, 1915, a year and ten days after the accident, the act of 1913 was amended and the following section was added:
“Sec. 80A. Limitation. — The time within which the following acts shall be performed under Part 2 of this act shall be limited to the following periods respectively:
“(1) Actions or proceedings by an injured employee to determine or recover compensation; one (1) year after the occurrence of the injury.” Laws 1915, p. 894, c. 809, §8.
“This act shall take effect on and after the first day of July, A. D. 1915.”
The court held that the relator’s cause of action was barred by the limitation quoted. The correctness of this holding is the single question for decision.
Our attention is directed in support of the conclusion which we have reached to our prior holdings that the right to compensation is determined by the statute in force at the time of the injury. State v. District Court of Hennepin County, 131 Minn. 96, 154 N. W. 661; State v. District Court of Ramsey County, 132 Minn. 249, 156 N. W. 120. These holdings are not significant upon the question before us. They involve no question of the prospective or retrospective operation of a limitation statute. They involve questions of substantive rights under the compensation acts. We do not forget that a statute of limitation concerns the remedy and not the right.
Judgment reversed.