Commercial Casualty Insurance v. Hoage

MEMORANDUM ON MOTION TO DISMISS BILL OF COMPLAINT

ADKINS, J.

This suit was filed by plaintiff to enjoin the enforcement of an order of the Deputy Commissioner dated October 22, 1934, finding that Harry P. Lutz while in the employ of Bell & Smith sustained a personal injury on or about May 14, 1934, which grew out of his employment and resulted in disability.

The injury was the occupational disease of lead poisoning. The Deputy Commissioner found that this disease totally disabled the employe on or about May 14, 1934.

The defense is that the claim for disability was not filed within one year from…