MATTER OF WAY v. ROCHESTER STATE HOSP.


4 A.D.2d 913 (1957)

In the Matter of the Claim of Roxanne Way, Respondent, v. Rochester State Hospital et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 19, 1957


It is not argued by appellant on this appeal that the decision of the board holding that claimant was disabled by an occupational disease contracted in employment is not warranted by the record; the narrower point made is that the failure to give written notice of disablement within 90 days (Workmen's Compensation Law, § 45) and to file a claim within two years thereof (§ 28) should have barred compensation. The disablement occurred in January, 1949 and it was not...

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