C. & G. Potts & Co. v. Fortney

Dissenting Opinion

Crumpacker, C. J.

The agreement between the appellee’s decedent and the appellant, duly filed and approved by the Industrial Board, provides for compensation “from and including the 24th day of June, 1942, and to continue until terminated in accordance with the provisions of the Indiana Workmen’s Occupational Diseases Act.” The court construes such provisions as a fixed period of compensable disability within the meaning of Proviso (b) by reading into the agreement the general statutory limitation of 300 weeks pertaining to all compensable cases of disability. Even so aided,…