Subsequent Injuries Fund v. Workmen's Compensation Appeals Board

*59Opinion

MOSK, J.

The question we are called upon to determine is whether Helen L. Talcott (hereinafter called respondent) is barred from recovering benefits from the Subsequent Injuries Fund (hereinafter the Fund) because she filed an application for compensation benefits against her employer within one year after the date of her injury but failed to proceed against the Fund within five years of that date.

Section 4750 of the Labor Code1 provides that if a workman who has a permanent physical impairment later sustains a compensable injury resulting in permanent disability, the employer is not…