United States Steel Corp. v. Industrial Commission

CROCKETT, Justice

(concurring).

I agree with the decision because, as it points out, the applicant, with knowledge of his rights, failed to assert them for a period of twenty years. Consistent with the desirable and necessary policy of repose of controversies, he should now be precluded from asserting this claim. However, to make clear my view I add these further observations. It is true, as the defendant contends, that there appears to be no express time limitation on the medical coverage provided for Sec. 35-1-81. Accordingly, once there has been an adjudication as to medical care necessitated by an industrial accident, that coverage may continue however long it may be required. But it is the filing of the application and the adjudication in regard to medical coverage which is subject to the same limitation as the other compensation for the employee’s injuries; and it must be done within the time and in the manner permitted by law as set forth in U. S. Smelting, etc. v. Nielsen, footnote 1 of main opinion.