Claim of Smith v. Warren Nash Motor Corp.

The failure to give written notice of injury has been excused upon the ground that the employer was not prejudiced because “ had the employer had notice in thirty minutes and had he employed the finest eye expert, the sight of the eye could not have been restored.” This is not a sufficient ground for excusing this failure. (Bellanca v. Spencer Lens Co., 214 App. Div. 824; Matter of Bloomfield v. November, 223 N. Y. 265; Matter of Hynes v. Pullman Co., Id. 342.) Section 18 of the Workmen’s Compensation Law states the grounds on which such failure can be excused. One ground is that the employer…