MATTER OF KEMPEL v. NICHOLS


78 A.D.2d 759 (1980)

In the Matter of the Claim of Roger Kempel, Respondent, v. Pete Nichols et al., Appellants. Workers' Compensation Board, Respondent

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

October 30, 1980


The board found: "based on the claimant's testimony at the Board Hearing, that claimant's immediate supervisor, Ed Miller, had knowledge of claimant's accident * * * that, for this reason, claimant's failure to give written notice of injury is excused." There is substantial evidence to sustain the determination of the board.

Decisions affirmed, with costs to the Workers' Compensation Board against the employer and its insurance...

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