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BOLLERER v. ELENBERGER

93 N.J. Super. 57 (1966)

224 A.2d 693

JACOB F. BOLLERER, PETITIONER-RESPONDENT, v. GEORGE AND LUCILLE ELENBERGER, PARTNERS T/A CITY BAKERY OF LONG BRANCH, RESPONDENT-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 2, 1966.

Attorney(s) appearing for the Case

Mr. Isidor Kalisch argued the cause for appellants.

Mr. John G. Rathman argued the cause for respondent (Mr. Louis H. Aikins, attorney).

Before Judges GOLDMANN, KILKENNY and COLLESTER.

The opinion of the court was delivered by KILKENNY, J.A.D.

The Division of Workmen's Compensation dismissed the claim petition on the sole ground that petitioner had failed to prove by a preponderance of the credible evidence that he notified the respondent employers or that the employers had knowledge of the claimed compensable injury within 90 days after the occurrence, as required by R.S. 34:15-17. The judge of compensation made no determination on the substantive...

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