Fidelity & Casualty Company of New York v. Bishop

Hall, Judge.

In this case an employer and insurer assign error on a judgment of the superior court remanding a claim to the State Board of Workmen’s Compensation for a hearing on the merits, after the board had granted a motion to dismiss the claim on the ground it was barred by the statute of limitation. Held:

The filing of a workmen’s compensation claim within one year after the accident, as required by Code § 114-305, is jurisdictional ; but if fraud practiced by the employer or his insurance carrier prevents the employee filing his claim the statute of limitation will be tolled, provided…