Claim of Twonko v. Rome Brass & Copper Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 27, 1918, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtCrane, J.
Section 18 of the Workmen’s Compensation Law (Cons. Laws, ch. 67), as applicable to this case, required notice of the injury to be given to the employer within ten days after the accident, and, by section 28, the right to claim compensation was forever barred unless within one year after the accident the claim for compensation was filed with the commission. Neither of these provisions' was complied with. The commission found that the employer was aware of the accident and that neither the employer nor the insurance carrier was prejudiced by the failure to give the notice required by section…
2Cases cited2 opinions
- Buckles v. . State of New YorkNew York Court of Appeals · 1917
- Dailey v. . StollNew York Court of Appeals · 1914
3Cited by21 opinions
- Lindblom v. Employers' Liability Assurance Corp.Montana Supreme Court · 1930
- United States Casualty Co. v. SmithSupreme Court of Georgia · 1926
- Pine v. State Industrial Com.Supreme Court of Oklahoma · 1931
- Higgins v. Heine Boiler Co.Supreme Court of Missouri · 1931
- Petraska v. National Acme Co.Supreme Court of Vermont · 1921
16 more not listed; retrieve them via the Exa API.