Wilburn v. Auto Exchange
| Decision Date | 27 February 1923 |
| Citation | 198 Ky. 29,247 S.W. 1109 |
| Parties | WILBURN v. AUTO EXCHANGE ET AL. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Jefferson County, Common Pleas Branch Third Division.
Proceeding under the Workmen's Compensation Act by Roland D. Wilburn for compensation for injuries, opposed by the Auto Exchange and others. Compensation was denied, and the ruling affirmed by the Circuit Court, and claimant appeals. Affirmed.
S. A Anderson, of Louisville, for appellant.
O'Neal & O'Neal, of Louisville, for appellees.
Appellant Wilburn, was employed as a mechanic in the shops of the Auto Exchange, in Louisville, when a sliver of steel struck him in the eye, and so injured it that he has since lost the sense of sight in it. At the time of the accident and injury both Wilburn and the Auto Exchange had accepted the benefits of the Workmen's Compensation Act (Ky. St. §§ 4880-4987), and were operating thereunder. Immediately upon the happening of the injury Wilburn called the attention of his foreman to the fact, and asked him to look in his eye and see if he could not remove the object. The foreman attempted to aid Wilburn, but was unable to remove the sliver. Later Wilburn went to an oculist and other persons trained in the treatment of the eyes for the purpose of obtaining relief, and after that was in a hospital, where, by the use of a magnet, they undertook to draw the steel from his eye, all without success. The injury happened on the 31st of January, 1918, but Wilburn filed no claim for compensation, as required by section 4914, Kentucky Statutes, until April 12, 1920. The board administering the Workmen's Compensation Act, after hearing appellant, Wilburn, held his claim barred by limitation. From that holding Wilburn appealed to the Jefferson circuit court, where the ruling of the board was affirmed. He has prosecuted the appeal to this court. He insists upon two things: (1) That, where an employé notifies his employer of the accident resulting in his injuries, limitation does not run against his claim for compensation; (2) an injured employé is not compelled to file a claim for compensation with the Workmen's Compensation Board within 12 months after the happening of the accident resulting in his injury. Neither of these contentions can be supported either by reason or authority. Section 4914, Kentucky Statutes, provides:
"No proceeding under this act for compensation for an injury or death shall be maintained unless a notice of the accident shall have been given to the employer as soon as practicable after the happening thereof and unless claim for compensation with respect to such injury shall have been made within one year after the date of the accident," etc.
The next section provides:
That "such notice and such claim shall be in writing."
While there was no written notice given by appellant, Wilburn, to the Auto Exchange, as required by section 4915, it reasonably appears that the Auto Exchange had full knowledge of the accident and injury, and in such case a written...
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Landauer v. State Ind. Acc. Comm.
...line of opinions. That court attributes this duality to a misconception of the doctrine announced in the cases of Wilburn v. Automobile Exchange Co. 198 Ky. 29, 247 S.W. 1109; Scott v. Tobacco Co. v. Cooper, 258 Ky. 795, 81 S.W. (2d) As stated in the Scott Tobacco Company case, the Kentucky......
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...332 Ill. 156, 163 N.E. 408; American Car & Foundry Co. v. Industrial Commission, 335 Ill. 322, 167 N.E. 80; Wilburn v. Auto Exchange, 198 Ky. 29, 247 S.W. 1109; Garbouska's Case, 124 Me. 404, 130 A. 180; Dochoff Globe Construction Co., 212 Mich. 166, 180 N.W. 414; Schild v. Pere Marquette R......
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Williams Mfg. Co. v. Walker
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