Gollonio v. Builders Iron Foundry ( 1929 )

BLODGETT. P. J.

Heard upon motion to dismiss petition for eompensation under tlie Workmen’s Compensation Act.

For petitioner: Pettine, Godfrey & Cambio. For respondent: Gardner, Moss & I-Iaslam.

Petitioner was injured October 10, 1025, ill tbe yard of respondent. Prom October 12, 1925, to December 8, 1925, he was incapacitated, during which time he received compensation totaling $128. December 9, 1925, petitioner returned to work and has since continued in the employ of respondent, and on the same date signed a release in full of all claims.

December 9, 1927, petitioner filed this petition, claiming additional compensation for the entire loss of vision in right eye, the same having reduced to 1-10 or less of normal vision with glasses for a period of 75 weeks.

In Keyworth vs. Atlantic Mills, 108 Atl. 81, this provision has been construed and indemnity refused.

The action for relief is a statutory action and as such strictly construed. Petition must be brought within two years after accident.

Menna vs. Mathewson, 48 R. I. 310.

Petition dismissed.