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MATTER OF BELLINGER v. PERINI CORP.

28 A.D.2d 1044 (1967)

In the Matter of the Claim of Victor Bellinger, Appellant, v. Perini Corporation et al., Respondents. Workmen's Compensation Board, Respondent

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

October 27, 1967

GABRIELLI, J.

It is undisputed that the claim was not timely filed, but claimant seeks to avoid the time limitation provided by section 28 of the Workmen's Compensation Law contending that he was mentally incompetent and seeks the protection of section 115 of the Workmen's Compensation Law which, in pertinent part, provides that "No limitation of time provided in this chapter shall run as against any person who is mentally incompetent". There was a conflict...

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