Horton v. Garrett Freightlines, Inc.

SHEPARD, Justice.

This is an appeal from an order of the Industrial Commission which dismissed claimant’s application for hearing on the basis that it was not filed within five years of the date of the accident. We reverse and remand.

In 1974, claimant Horton suffered a fracture of his right hip from an accident arising out of and in the course of his employment. During the next eight months, claimant was paid total temporary disability income benefits, together with the costs of his medical treatment, following which he returned to work for Garrett. At the initiation of this action, claimant…