MATTER OF DIAMOND v. BACHE & CO., INC.


64 A.D.2d 749 (1978)

In the Matter of the Claim of Gloria Diamond, Appellant, v. Bache & Co., Inc., et al., Respondents. Workers' Compensation Board, Respondent

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

July 13, 1978


The claimant filed a claim on May 14, 1971 alleging mental disability sustained from the employment, which culminated in a nervous breakdown in October, 1962. She seeks to excuse her failure to file a claim within the two-year period of section 28 of the Workers' Compensation Law by alleging she was incompetent and invoking the tolling provision of section 115 of the Workers' Compensation Law which provides as follows "No limitation of time * * * shall run as against any...

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