Legal Opinion · Dissent

Gugler v. Industrial Accident Board

Montana Supreme Court

Decided February 23, 1945No. 8467Published

1Dissent

I dissent, and do so reluctantly because the record discloses very apparently that the claimant here was misled by his employer and physician, and that the Industrial Accident Board displayed a regrettable lack of diligence in protecting his interests, first in not providing him with a form on which to present his claim, and, second, in holding up disposition of the matter for nearly two years after his claim was attempted to be filed.

No claim for compensation was filed by plaintiff, or in his behalf, in accordance with the provisions of Sec. 2899, Revised Codes 1935, until February 13, 1939.…

2Cases cited16 opinions

  1. Stertz v. Industrial Insurance CommissionWashington Supreme Court · 1916
  2. Chmielewska v. Butte & Superior Mining Co.Montana Supreme Court · 1927
  3. Moody v. State Highway DepartmentIdaho Supreme Court · 1935
  4. Rosell v. State Industrial Accident CommissionOregon Supreme Court · 1940
  5. Pine v. State Industrial Com.Supreme Court of Oklahoma · 1931

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