MATTER OF GRAHAM v. WALSH CONSTR. CO.


30 A.D.2d 996 (1968)

In the Matter of the Claim of John Graham, Respondent, v. Walsh Construction Co. et al., Appellants. Workmen's Compensation Board, Respondent

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

October 17, 1968


GIBSON, P. J.

Appellants do not dispute the causal relationship found, but do contend that the claim was not timely filed within the requirements of sections 28 and 40 of the Workmen's Compensation Law. Section 40, so far as here pertinent, denies benefits "unless the disease is * * * contracted * * * within the twelve months previous to the date of disablement". By section 28, it is provided that a claim for disablement caused by compressed air illness...

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