Sandahl v. Department of Labor and Industries

• Decision Date: 30 November 1932
• Docket Number: 23811.
• Citation: 170 Wash. 380,16 P.2d 623
• Parties: SANDAHL v. DEPARTMENT OF LABOR AND INDUSTRIES.
• Court: Washington Supreme Court

16 P.2d 623

170 Wash. 380

SANDAHL v. DEPARTMENT OF LABOR AND INDUSTRIES.

No. 23811.

Supreme Court of Washington

November 30, 1932

Department 2.

Appeal from Superior Court, King County; Howard M. Findley, Judge.

Proceeding under the Workmen's Compensation Law by Harold G Sandahl. From a judgment of the superior court, reversing an order of the Department of Labor and Industries, which disallowed the claim, the Department of Labor and Industries appeals.

Judgment reversed, and the cause remanded with directions.

John H Dunbar and Harry Ellsworth Foster, both of Olympia, for appellant.

Peyser & Bailey, of Seattle, for respondent.

MAIN, J.

This is an appeal by the Department of Labor and Industries from a judgment of the superior court reversing an order of the department which disallowed the claim of one Harold G Sandahl.

Sandahl was, on and for a considerable time prior to July 3, 1929 employed by the American Can Company at its plant located in the city of Seattle. On this date, and while in the course of his employment, he was accidentally injured at the plant by falling and striking his right shin on a pile of loose tin plates. He consulted the nurse employed by the can company and, in addition, personally applied antiseptics and treated the injury. He continued in his employment until August 15, 1929, at which time he consulted his family physician who treated him between that date and August 20th. During this latter period, Sandahl did not work. Between August 20 and September 10, 1929, he performed his usual duties. He was confined in the hospital from September 10, 1929, to October 2, 1929, at which time he was removed to his home. October 15, 1929, he resumed part time work at his usual employment with the can company. Thereafter he worked regularly, with the exception of a few days, until August 18, 1930, when he was informed by his physician that the injury had become permanent. January 30, 1931, the claim for the resultant injury was presented to the Department of Labor and Industries and rejected because it had not been filed within the time fixed by statute. The facts stated, over which there is no controversy, are substantially those found by the trial court.

The question presented upon this appeal is whether the claim was filed in time; and this depends upon whether the injury occurred at the time the claimant cut his shin by striking a pile of loose tin plates, or when the physical condition of permanent disability resulted therefrom. To determine the question, it will be necessary to consider the statute of limitations as applied to cases of this kind and the statute defining the word 'injury,' as they were prior to the year 1927, and the amendments that were made by the Legislature to the two statutes at the legislative session of that year.

Subdivision (d) of section 7686, Rem. Comp. Stat., reads as follows: 'No application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which the injury occurred or the right thereto accrued.'

By this statute, it was necessary that the claim be filed within one year after the day upon which the 'injury occurred or the right thereto accrued.'

Section 7675 defines 'injury' as follows: 'The words 'injury' or 'injured' as used in this act refer only to an injury resulting from some fortuitous event, as distinguished from the contraction of disease.'

By this statute, injury was made the result of a 'fortuitous event, as distinguished from the contraction of disease.' Under those statutes, it was held that the claimant had a year after the disability manifested itself within which to file a claim for compensation, and that he was not obliged to file it within a year after the day on which the accident or event occurred. Stolp v. Department of Labor & Industries, 138 Wash. 685, 245 P. 20; Fee v. Dept. of Labor & Industries, 151 Wash. 337, 275 P. 741. The decision in the Stolp case was rendered April 15, 1926, and thus prior to the legislative session for the year 1927. At the session of the Legislature during that year, the two statutes, above mentioned, were amended, and, as amended, section 7686, subd. d, reads as follows: 'No application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which...