State Ins. Fund v. Industrial Commission

WADE, Justice.

Our problem is to determine when a cause of action arises for compensation from an occupational disease. The In dustrial Commission awarded applicant compensation for such disability holding that his cause of action arose when his doctor first determined that he was suffering compen-sable disability. The State Insurance Fund contends that the cause of action arose when applicant became totally disabled and ceased work regardless of whether he knew that his disability was total, occupationally caused and compensable.

On February 8, 1948, applicant, Elbert I. Lunnen, laid off from…