Thornton v. E. I. Du Pont De Nemours & Co.

In my opinion the decision of the Court of Appeal is correct.

As I appreciate it, the question to be determined in this case is not as narrow as it is stated in the prevailing opinion. It is my view that the question is, as stated in the written reasons for judgment handed down by the judge of the district court, “whether or not in the absence of an allegation that there has been a demand for compensation by the employee or a refusal on the part of the employer to pay, an employee has the right to have his claim for compensation judicially determined when at all times since the injury…