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Menna v. Mathewson

Supreme Court of Rhode Island
Jun 16, 1927
48 R.I. 310 (R.I. 1927)

Summary

In Menna, the Rhode Island Supreme Court held that the Workmen's Compensation Act created a right of action, and the time within which a suit must be brought operates as a limitation on the right itself, and not just the remedy.

Summary of this case from Westfall v. Whittaker, Clark Daniels

Opinion

June 16, 1927.

PRESENT: Stearns, Rathbun, Sweeney, and Barrows, JJ.

( 1) Workmen's Compensation Act. Statute of Limitations. The Workmen's Compensation Act gives a statutory action and the limitation is fixed at two years by the special provisions of the act, and Gen. Laws, 1923, cap. 334, sec. 9, relative to commencement of a new action within one year after dismissal of a former action has no application.

( 2) Creation of Remedy. Statute of Creation. A statute which in itself creates a new liability, and fixes the time within which that action may be commenced, is not a statute of limitations but a statute of creation and the commencement of the action within the time it fixes is an indispensable condition of the liability and of the action which it permits.

PETITION under Workmen's Compensation Act. Heard on appeal of petitioner and appeal dismissed.

Joseph H. Coen, John F. Conaty, for petitioner.

George F. Troy, for respondent.


This is a petition of an employee brought under the Workmen's Compensation Act to recover for injuries received in the course of his employment. The Superior Court dismissed the petition on the ground that the petition was not filed either within two years after the occurrence of the injury or within two years after the removal of any physical or mental incapacity, as required by Chapter 831, Art. III, Sec. 18, P.L. 1912, now Chapter 92, Art. III, Sec. 17, G.L. 1923, which provides as follows: "An employee's claim for compensation under this chapter shall be barred unless an agreement or a petition, as provided in this article, shall be filed within two years after the occurrence of the injury, or, in case of the death of the employee, or, in the event of his physical or mental incapacity, within two years after the death of the employee or the removal of such physical or mental incapacity." See also Sec. 17, Art. II of said chapter. The case is before us on the petitioner's appeal from the decree dismissing the petition.

The petitioner's counsel having been told by an employee in the office of the Commissioner of Labor that the respondent had not accepted the provisions of the Workmen's Compensation Act brought a common law action for negligence against this respondent, his employer. When said action was reached for trial, it appearing that defendant had, before the accident, accepted the provisions of said act, the plaintiff was nonsuited. This petition was then brought, although the two year period had long since expired.

The petitioner relies upon Section 9, Chapter 334, G.L. 1923, which provides that: "If any action which has been or shall be duly commenced within the time limited and allowed therefor, shall be abated or otherwise avoided or defeated by the death of any party thereto, or for any matter, or if after verdict for the plaintiff, the judgment shall be arrested, the plaintiff may commence a new action for the same cause, at any time within one year after the abatement or other determination of the original suit as aforesaid; and if the cause of action does by law survive, his executor or administrator may, in case of his death, commence said new action within the said one year." The above section applies to common law actions and not to a petition of this nature. Section 10 of said chapter provides that: "The provisions of this chapter shall not apply to any case in which a different time is limited by special provisions." The Workmen's Compensation Act gives a statutory action and the limitation is fixed at two years by the special provisions of said act. The rule is clearly stated in Bement v. Grand Rapids I. Ry. Co., L.R.A. 1917 E. 322, 160 N.W. 424, as follows: "The ordinary Statute of Limitations confers upon a defendant the privilege of interposing a definite limitation of time as a bar to the enforcement of a liability existing independently of the statute defining the limitation. Such statutes, therefore, are merely limitations of the remedy. Statutes like the present are more. They create a right of action conditioned upon its enforcement within the prescribed period. The legislature having the power to create the right, may affix the conditions under which it is to be enforced, and a compliance with those conditions is essential. 'The time within which the suit must be brought operates as a limitation of the liability itself as created, and not of the remedy alone. It is a condition attached to the right to sue at all'". . . . "A statute which in itself creates a new liability, gives an action to enforce it unknown to the common law, and fixes the time within which that action may be commenced, is not a statute of limitations. It is a statute of creation, and the commencement of the action within the time it fixes is an indispensable condition of the liability and of the action which it permits." See also Dodge v. Barstow Stove Co., 40 R.I. 191.

The appeal is dismissed. The decree appealed from is affirmed and the cause is remanded to the Superior Court for further proceedings.


Summaries of

Menna v. Mathewson

Supreme Court of Rhode Island
Jun 16, 1927
48 R.I. 310 (R.I. 1927)

In Menna, the Rhode Island Supreme Court held that the Workmen's Compensation Act created a right of action, and the time within which a suit must be brought operates as a limitation on the right itself, and not just the remedy.

Summary of this case from Westfall v. Whittaker, Clark Daniels

In Menna v. Mathewson, 48 R.I. 310, 137 A. 907 (1927), we implicitly rejected the idea that as long as notice of a claim is given within the statutory time the action may be filed again at any time. There is good reason for this view. If the actual litigation could occur at any time in the near or distant future, the statute would only minimally decrease the uncertainty to the employer and would not reduce the problem of stale claims.

Summary of this case from Ochoa v. Union Camp Corp.

In Menna, an employee who had brought a common-law action for negligence against his employer was nonsuited when the trial court determined that the employer had accepted the provisions of the Workmen's Compensation Act before the accident.

Summary of this case from Ochoa v. Union Camp Corp.

In Menna v. Mathewson, 48 R.I. 310, this court noted this distinction and pointed out that our compensation act creates a liability unknown at the common law. Time limitations, we noted, set out therein for the enforcement of the liability created are not mere statutes of limitation but are conditions precedent to the right to enforce the liability.

Summary of this case from Brothers v. Cassedy, Inc.

In Menna v. Mathewson, 48 R.I. 310, this court clearly held that the workmen's compensation act created a new liability and fixed the time within which an action could be brought; that the statute was not one of limitation but rather a statute of creation; and that the commencement of an action within the time therein fixed was a condition of liability under it.

Summary of this case from Koshgarian v. Hawksley
Case details for

Menna v. Mathewson

Case Details

Full title:GENO MENNA vs. HERBERT E. MATHEWSON

Court:Supreme Court of Rhode Island

Date published: Jun 16, 1927

Citations

48 R.I. 310 (R.I. 1927)
137 A. 907

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