Dempster v. Gurtler, Hebert & Co.

GULOTTA, Judge.

Plaintiff appeals from the dismissal of his claim for total and permanent disability benefits under the Workmen’s Compensation Act. In reasons for judgment the trial judge stated that plaintiff’s suit had prescribed. In this connection the trial judge concluded the injury had manifested itself immediately after the accident and rejected plaintiff’s contention that the injury developed within one year from the date suit was filed.

The trial judge rejected further plaintiff’s contention that payment for medical expenses made within one year from the date of filing suit interrupts…