James v. IRRIGATION MOTOR AND PUMP COMPANY, INC. ( 1972 )

MR. JUSTICE GROVES

concurring in the result:

Aetna filed a general admission for temporary disability and “for such permanent disability as may hereafter be determined to exist.” There was no hearing concerning permanent disability and no award was made concerning it. While petitioner called his pleading a Petition to Reopen, in reality it was simply a petition for an award for permanent disability. The Commission should have acted on the subject for the first time. To me, reopening of the case or the running or tolling of the statute of limitations are not involved.