Case v. Hermitage Cotton Mills

Legge. Justice.

Employer and carrier appeal from a circuit court order affirming the Industrial Commission’s award in favor of the claimant, Hattie Mae Case. It is undisputed that no claim on her behalf was filed with the Commission within one year after the accident as required by Section 72-303 of the 1952 Code. The Commission’s award and the order affirming it rest upon the finding that the employer was estopped to invoke that statute. The primary question for our determination is whether such finding has any factual support in the record before us.

Section 72-303 reads as follows:

“The right…