MTR OF WHALEN v. ALLIED MESSENGER SERV.


12 A.D.2d 1 (1960)

In the Matter of the Claim of John A. Whalen, Respondent, v. Allied Messenger Service et al., Appellants. Workmen's Compensation Board, Respondent

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

December 2, 1960.


Attorney(s) appearing for the Case

Eugene O'Leary for Continental Casualty Co., appellant.

Louis J. Lefkowitz, Attorney-General (John J. Quinn and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

John A. Whalen, claimant-respondent in person.

BERGAN, P. J., COON, GIBSON and REYNOLDS, JJ., concur.


HERLIHY, J.

The claimant, an employee of the employer, ceased work on May 8, 1957 and was disabled until August 1, 1957. A notice of proof of claim for disability benefits was filed May 3, 1958, claimant stating that he was unaware of his rights to benefits during his illness. The employer by letter, dated September 29, 1958, stated it intended to supply the necessary forms at the time of the claimant...

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