Herbert v. Newark Hardware & Plumbing Supply Co.

The opinion of the court was delivered by

Parker, J.

The controlling question in this case, which must be resolved in favor of the petitioner below if the other questions raised are even to be considered, is whether after a year has expired from the date of the injury without any voluntary payment of compensation by the employer or any agreement to pay such compensation, and within that year there was a petition filed pursuant to the statute, trial before the commissioner, appeal to the Common Pleas and affirmance in that court, review by certiorari in this court and judgment of affirmance here…