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J. H. MILLER, Petitioner, v. INDUSTRIAL ACCIDENT COMMISSION OF THE STATEOF CALIFORNIA et al., Respondents; OSCAR SHIELD, Applicant.

ANGELLOTTI, C.J., from the Bench.

The court is unanimously of the view that when the statute speaks of the date of the last payment it means the date on which the money is actually paid. The proceeding before the commission must be commenced within six months thereafter, unless there is some agreement for payment of compensation. (Industrial Compensation Act, sec. 16.)

The award of the commission is annulled.

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MILLER v. INDUSTRIAL ACC. COMMISSION
(Apr 10, 1916)