C. & G. Potts & Co. v. Fortney

The sole question presented by this appeal is the construction, under the facts herein, of § 40-2205 (f), Burns’ 1940 Replacement.

“No compensation shall be payable .for or on account of death resulting from any occupational disease unless death occurs within one (1) year after the date of disablement: Provided, That this paragraph shall not be a bar to compensation for death (a) where death occurs during the pendency of a claim filed by an employee within one (1) year after the date of disablement and which claim has not resulted in a decision or has resulted in a decision which is in process…