Keeler v. Industrial Commission

OPINION

WREN, Presiding Judge.

In this workmen’s compensation case, petitioner Dan F. Keeler urges us to set aside an award which found that he had failed to file a timely claim for benefits. The hearing officer issuing this award declined to excuse the late claim filed by petitioner and, therefore, dismissed his claim for lack of jurisdiction. Finding that the hearing officer applied the wrong test, we set aside the award.

Petitioner was employed by respondent A. J. Gilbert Construction Company from June, 1949, until February 14, 1977, at which time he left this employment because of a…