Moore v. Dolese Brothers Co. , 171 Kan. 575 ( 1951 )

Harvey, C. J.

(dissenting): I dissent from the construction given in the opinion to the findings and judgment of the trial court. The court chose its language. It did not find that the employer furnished medical treatment to the claimant on September 15, 1950. As I read the record the last medical services furnished by the employers were on June 29, 1950.

All the trial court found was that the doctor’s prescription of light work given claimant upon and following his return to work in March, 1950, was in effect up to and including September 15, 1950. Perhaps the same statement could be made on the date this opinion is filed. I think the position untenable. Our legislature has rewritten what is now G. S. 1949, 44-520a, several times in order to have definiteness in the time for filing a claim for compensation. Our decisions have uniformly held it is essential for recovery that the claim be filed within the time provided by the then existing statute. We cite a few of the cases: Smith v. Process Co., 100 Kan. 40, 163 Pac. 645; Rogers v. Railway Co., 115 Kan. 815, 225 Pac. 108; Long v. Watts, 129 Kan. 489, 283 Pac. 654; Murphy v. Cook Construction Co., 130 Kan. 200, 285 Pac. 604; Skinner v. Dunn Mercantile Co., 132 Kan. 559, 296 Pac. 341. There is no reason in this case why the claimant could not have served his claim for compensation within 120 days after the date of the last payment of compensation.’

Price, J., concurs in the dissent.