54 Ga. App. 511 | Ga. Ct. App. | 1936
On May 14, 1934, while working for Pepperell Manufacturing Company, Welchel received an injury to his eye. He immediately reported to the first-aid department of his em
1. "The right to compensation under” the workmen’s compensation act "shall be forever barred unless a claim is filed with the Department of Industrial Relations within one year after the accident.” Code, § 114-305. The filing of the claim for compensation with the department within the time prescribed is jurisdictional; and unless this is done, the department is without authority to grant the injured employee compensation. U. S. Casualty Co. v. Smith, 162 Ga. 130, 133 (133 S. E. 851). See Clark v. Maryland Casualty Co., 39 Ga. App. 668 (148 S. E. 286); Bussey v. Bishop, 169 Ga. 251 (150 S. E. 78, 67 A. L. R. 287). In While v. U. S. Fidelity &c. Co., 41 Ga. App. 514 (153 S. E. 574), the employee received an eye injury on December 14, 1925, and reported to the doctor of the insurance carrier of his employer, and was treated therefor, but never filed his claim for compensation until February 9, 1927. It was held that his claim was barred, although he had been treated for his eye injury, since it was received by him and his condition had continued to grow worse.
2. The employer is required to report an accident within ten
3. The evidence in this ease does not make a case of fraud sufficient -to toll the time for filing a claim for compensation. Code, § 3-807. Where fraud of the employer in dealing with the injured 'employee serves to toll the running of the statute of limitations, such fraud must clearly appear, before a failure to file a claim in time will be excused. An affirmative act or concealment or misrepresentation preventing an inquiry must exist, to prevent the statute from so operating. 71 C. J. 1036. The fact that the employer fails to file a report of the accident as required by the compensation act does not constitute such a fraud on the employee as will toll the statute. Price v. Kansas City Public-Service Com. (Mo. App.) (42 S. W. (2d) 51), affirmed, 330 Mo. 706 (50 S. W. (2d) 1047).
4. Applying the foregoing rulings, the superior court did not err in affirming the finding of the Department of Industrial Relations.
Judgment affirmed.