Legal Opinion

Claim of Davis v. Rust

Appellate Division of the Supreme Court of the State of New York

Decided January 14, 1931Published

1Opinion of the CourtHinman, J.

This appeal by the employer and insurance carrier involves waiver of claimant’s failure to file a death claim within one year after death and also the authority of the Board to extend the period of filing a death claim under section 28 of the Workmen’s *337Compensation Law as it read during the year following January 10, 1928, the date of death of the deceased employee.

On September 20, 1927, the deceased sustained an industrial accident. He never worked thereafter. He filed a claim for compensation. He became steadily worse and died January 10, 1928, as a result of the injury. Hearings were held…

2Cases cited1 opinion

  1. Claim of Orton v. Olds Motor WorksAppellate Division of the Supreme Court of the State of New York · 1930

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