Claim of Toy v. Levbarg

This is an appeal from a decision of the Workmen’s Compensation Board, filed January 26, 1970, which awarded disability benefits under the Disability Benefits Law (Workmen’s Compensation Law, art. 9).

This is a case of first impression as to whether claimant, by failing to file a notice of claim for disability benefits within 26 weeks of the date of disability, is barred from recovering, even *339though a claim for workmen’s compensation had been filed within such period of disability. Claimant, office manager for a pediatrician, ceased work on February 29, 1968 due to an allergy and dermatitis.…