Duncan v. Gaffney Mfg. Co.

Oxner, Justice.

This is an appeal by the employer and carrier from an order of the Circuit Court affirming, except as to one item, an award of the Industrial Commission in favor of claimant, A. M. Duncan. It is conceded that no claim was filed with the Industrial Commission within one year after the accident as required by Section 7035-27 of the 1942 Code. The only question we need determine is whether the Indus trial Commission erred in holding that the conduct of the employer was such as to estop it from invoking this limitation on filing claims.

Claimant was employed as a loom fixer by the…