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Abstract

The typical workmen's compensation act provides both for an award to compensate the employee for his original injury and for subsequent awards to compensate him for aggravation of the injury occurring after the original award. The time during which the original award may be opened to allow additional compensation for subsequent aggravation may not be expressly limited, or opening may be limited to a stated time after the original injury or the last payment of the original award. By amendment, the legislature may either lengthen or shorten this period for opening. Whether such amendment applies to a claim for compensation for aggravation when the original injury occurred before the effective date of the amendment is the problem with which the present comment is concerned. If what the courts say is taken to be controlling, the cases seem to be in irreconcilable conflict upon almost every point. However, the decisions themselves fall into a surprisingly uniform pattern.

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