Robertson v. Brissey's Garage, Inc.

Rhodes, Justice:

In this appeal from an award of Workmen’s Compensation death benefits the employer and insurance carrier as sert that the decedent’s widow is barred by S. C. Code § 42-15-40 (1976) from claiming benefits because of failure to file her claim within one year. The Industrial Commission, affirmed by the Circuit Court, held that the appellants were estopped to assert the one year limitation period provided by § 42-15-40. We affirm.

I. M. Brissey, claimant-respondent’s husband, was president and part owner of Brissey’s Garage, a Corporation. On May 9, 1973, while working at the…