Ziegler v. Fuller Manufacturing Co.

I cannot concur in the foregoing opinion. The date of the accidental injury suffered by plaintiff was July 17, 1940. Nine days later, the defendants submitted a report of the injury to the department of labor and industry, which report contained the following statement:

"This man is receiving weekly pay check so he should not receive compensation."

The record shows that plaintiff suffered an immediate disability from the injury, and was totally disabled for a period of approximately four weeks and partially disabled for an additional week. Under such circumstances, the two-year statute of…