154 A.2d 436
[No. 2, September Term, 1959.]Court of Appeals of Maryland.
Decided September 24, 1959.
WORKMEN’S COMPENSATION — Claim Barred By Failure To File In Time — Statute Of Limitations Not Tolled. Where the claimant in a workmen’s compensation case suffered a severe heart attack in September, 1954, following unusual exertions and
Page 449
strain in connection with his work, but did not file a claim until March, 1956, and there was no contention that the injury was latent and no basis for claiming fraud or estoppel, his claim was barred by failure to file it in time. The mere fact that his doctor did not tell him, until March, 1956, that his accident caused the attack, did not toll the one year statute of limitations. pp. 449-450
T.G.B.
Decided September 24, 1959.
Appeal from the Circuit Court for Allegany County (HARRIS, C.J.).
Claim for workmen’s compensation by Philip Barkman against Cumberland Steel Company, employer, and The State Accident Fund, insurer. From a judgment affirming the denial of the claim, the claimant appealed.
Judgment affirmed, with costs.
The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
Milton Gerson for the appellant.
The Court declined to hear argument for the appellees.
C. Ferdinand Sybert, Attorney General, J. Howard Holzer an John W. Mitchell, Special Assistant Attorneys General, an Thomas B. Finan on the brief for the appellees.
PER CURIAM.
The sole question presented on this appeal is whether the claimant in a workmen’s compensation case filed his claim within the time allowed by Code (1951), Art. 101, § 38. The appellant contends that the one year statute of limitations was tolled by the mere fact that, although he suffered a severe heart attack on September 9, 1954, following unusual exertions and strain in connection with his work, he was not told by his doctor that the attack was caused by the accident until March, 1956. There is no contention that the injury was latent, or that there is any basis for claiming fraud or estoppel. It appears that he made no inquiry as to the cause of his disability
Page 450
until March, 1956, although he admitted that he “wrote several letters to find out if I had any legal claim”, in 1955, to the State Department of Labor and to other State officials, but not to the Industrial Accident Commission. We think the causal connection was reasonably apparent, and that the case is controlled by Eastern Shore Public Service Co. et al. v. Young, 218 Md. 338, 342, and cases cited. Gracie v. Koppers Co., 213 Md. 109, relied on by the appellant, is distinguishable on the facts.
Judgment affirmed, with costs.