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WESTERN CAS. & SURETY CO. v. INDUSTRIAL COMM.

24 Wis.2d 439 (1964)

WESTERN CASUALTY & SURETY COMPANY, Appellant, v. INDUSTRIAL COMMISSION and another, Respondents.

Supreme Court of Wisconsin.

June 30, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief by Morrow & Garvey of Eau Claire, and oral argument by James E. Garvey.

For the respondent Industrial Commission the cause was argued by Beatrice Lampert, assistant attorney general, with whom on the brief was George Thompson, attorney general.

CURRIE, C. J.

The employee Orheim's application for benefits was not filed until more than two years had elapsed after the date of injury, which was January 16, 1956. No workmen's compensation benefits were paid by appellant insurance carrier within two years following the date of injury. Sec. 102.12, Stats. 1955, provided:

"No claim for compensation shall be maintained unless, within 30 days after the occurrence of the injury . . . actual notice was received...

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