MATTER OF DRAB v. CONSOL. EDISON CO. OF NEW YORK, INC.


11 A.D.2d 861 (1960)

In the Matter of the Claim of Joseph Drab, Appellant, v. Consolidated Edison Company of New York, Inc., Respondent. Workmen's Compensation Board, Respondent

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

July 12, 1960


Claimant alleges that he sustained an accident in the nature of a heart attack on February 8, 1954. A written claim was not filed until March 14, 1957, more than three years after the alleged occurrence. Claimant contends that the self-insured employer knew of the alleged accident, and that the failure to comply with section 28 was waived by an advance payment of compensation. Appellant testified that on February 8, 1954, while he was assisting and lifting a coemployee who...

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