Harold Hitz Burton

“ That the Act is concerned solely with compensation for disability or death appears on its face. Compensation is not payable to an employee merely because he has been in an accident in the course of his employment, nor even because he has suffered physical damage from that accident. The Act allows compensation only when the employee also has suffered a resulting loss of earning power. ”

“ On the other hand, to interpret § 13 (a) as cutting off the period for filing claims one year after the date of the accident is to measure the period from a date bearing no certain relation to the time when a right to compensation arises. If an employee's injury causes him no diminution of earning power within one year after the accident, he is entitled to no compensation within that year. ”

“ The legislative history of § 13 (a) is consistent with the petitioners' interpretation. [5] Their interpretation also has had judicial support from the appellate courts of the District of Columbia Circuit and of the Third Circuit. See Great American Indemnity Co. ”