Rosell v. State Industrial Accident Commission

(specially concurring). I concur with the other members of the court in holding that plaintiff’s claim for compensation for the death of her husband was not filed within the time prescribed by the statute. The court being in accord upon that question, it would seem that no further interpretation of the statute would be necessary.

To hold, as the majority opinion seems to do, that when a workman sustained an injury on August 7, 1930, and did not die until February 17, 1936, which was five years, six months and 10 days thereafter, it was a fatal injury within the meaning of the workmen’s…