Nickolay v. Hudson Coal Co.

Opinion by

Reno, J.,

The indubitable, admitted and adjudicated fact is that appellant is totally disabled by anthraco-silicosis.

The referee awarded compensation under the Occupational Disease Act of June 21, 1939, P. L. 566, as amended, 77 PS §1401, et seq-. The hoard, the court below affirming, denied compensation for the sole reason that appellant had not given notice of his disability within the 90 day period prescribed by §311, 77 PS §1411.

That section, so far as here pertinent, provides that “the employe or someone in' his behalf . . . shall give notice of disability ... and unless such…