Honn v. Elliott

The opinion of the court was delivered by

Harvey, J.:

This is a workmen’s compensation case. We shall speak of the workman as plaintiff and the employer and her insurance carrier as defendants. The plaintiff’s claim for compensation was allowed by the compensation commissioner, defendants appealed to the district court — where the record was reviewed and plaintiff’s claim allowed — and defendants have appealed.

Appellants first contend that plaintiff cannot maintain the proceeding for the reason that he did not serve on defendants a written claim for compensation within ninety days after…