Wilsey, Bennett Co. v. Grant

I concur in the result of this opinion as to these claimants, but must dissent to the majority’s “withdrawing” Lane1 and changing the rule for others who will find themselves in the same situation as these claimants.

The limitation provision of 85 O.S.1971, § 43, in question, reads as follows:

“The right to claim compensation under this Act shall be forever barred unless within one (1) year after the injury or death, a claim for compensation thereunder shall be filed with the Commission.”

Unlike the majority, I find no language there which supports the notion that a claim filed with the…