GREGORY v. STATE

No. 7526.

117 N.H. 62 (1977)

GENE M. GREGORY v. STATE OF NEW HAMPSHIRE, ROBERT M. DUVALL, COMMISSIONER OF LABOR, EDWARDS CONSTRUCTION, INC., AND UNDERWRITERS ADJUSTING COMPANY

Supreme Court of New Hampshire.

January 31, 1977.


Attorney(s) appearing for the Case

Gene M. Gregory, pro se, by brief.

David H. Souter, attorney general, and Anne E. Cagwin, attorney, waived brief and oral argument for the defendant commissioner.

Wadleigh, Starr, Peters, Dunn & Kohls, of Manchester, and James S. Yakovakis (Mr. Yakovakis by brief), for the defendants Edwards Construction, Inc., and Underwriters Adjusting Company.


PER CURIAM.

The question presented is whether the plaintiff is entitled under RSA 281:40 (Supp. 1975) to a review by the labor commissioner of the plaintiff's workmen's compensation award more than five years after the plaintiff had accepted the last lump-sum payment. The Trial Court (King, J.) dismissed the plaintiff's appeal from the labor commissioner's denial of the plaintiff's petition for review, and the plaintiff excepted.

The plaintiff does...

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