Fenix-Scisson Construction Co. v. Industrial Commission

The sole issue here is whether notice of the alleged accident was given to the employer within the 45-day period prescribed by statute.

The facts regarding notice are very brief and largely undisputed. Claimant’s great toe was struck on Monday, November 9, 1959, by a heavy board which fell a distance of seven feet. The toe became sore the following Saturday and Sunday, and on Monday, November 16, he told his foreman at the plant that his toe was sore and that he was going to s.ee his family doctor, but he said nothing about the accident. He was examined by his doctor the same day, who told him…