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MATTER OF FOLKS v. DONNER HANNA COKE CORP.

37 A.D.2d 677 (1971)

In the Matter of the Claim of Leo W. Folks, as Executor of Rose Lyles, Deceased, Respondent, v. Donner Hanna Coke Corporation et al., Appellants, and American Radiator & Standard Sanitary Corporation et al., Respondents. Workmen's Compensation Board, Respondent

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

June 30, 1971

Appellants contend that timely notice was not given by the deceased employee in the disability claim and such failure is not excusable; and further, that both the disability and death benefits claims have abated by reason of the death of the widow on March 25, 1967. As to the question of adequate notice, the board found that there was no prejudice to the employer and, therefore, the failure to give statutory notice was excused....

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