Francis v. H. Sacks & Sons

This Workmen’s Compensation case is before us on appeal from the pro forma decree of the Superior Court sustaining the dismissal of the employee’s petition for compensation by the Industrial Accident Commission.

The decisive issue is whether the Commission erred in finding that there was not a “mistake of fact as to the cause and nature of the injury,” excusing late filing of the petition.

Workmen’s Compensation Act, R. S., c. 31, § 33, reads in part:

“Sec, 33. — Time limitations for filing petitions. An employee’s claim for compensation under the provisions of this Act shall be barred unless an…