Hustus' Case

This case involves the construction of a part of Section 17 of the Workmen’s Compensation Act, to wit: “No proceedings for compensation for an injury under this act shall be maintained unless the claim for compensation with respect to such injury shall have been made within one year after the occurrence of the same.”

The defendants contend that the injury occurs at the time of the accident even though no incapacity results until some later time. On the other hand the plaintiff maintains that the injury occurs when and not until it results in incapacity and thus becomes compensable. The decree…