Clay v. Firemen's Insurance

Haetshoene, C. P. J.

If the 1931 amendment to the Reporting act (Pamph. L. 1931, ch. 278, p. 703) is applicable, petitioner is barred. Assuming, however, that same is not applicable, but that the Reporting act applies as it existed at the time of the accident, this provides that:

“Any employer or insurance carrier failing to make report as required by this act, shall in such instance be deprived of the defense provided in paragraph 23-h.”

At that time paragraph 23-h did not refer to the one-vear limitation then existing in section 5 of the Procedural act of 1918 as amended (Pamph. L. 1921, ch.…