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HAYWARD v. STATE DEPT. OF AUDIT

430 A.2d 1111 (1981)

Harold Dale HAYWARD v. STATE of Maine DEPARTMENT OF AUDIT.

Supreme Judicial Court of Maine.

Decided June 18, 1981.

Attorney(s) appearing for the Case

Harry N. Starbranch (orally), Augusta, for plaintiff.

James E. Tierney, Atty. Gen., Robert J. Stolt, Deputy Atty. Gen. (orally), Augusta, for appellee.

Before WERNICK, GODFREY, ROBERTS and CARTER, JJ.

MEMORANDUM OF DECISION.

Harold Dale Hayward appeals from the pro forma decree dismissing his petition for award of compensation on grounds of lack of notice. 39 M.R.S.A. § 63. Hayward contends on appeal that the evidence establishes that his employer, Department of Audit, "had knowledge of the injury" so as to excuse the failure to give notice. 39 M.R.S.A. § 64. The Commissioner was warranted in finding that, although the employer was aware that Hayward...

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