Diamond v. Bache & Co.

—Appeal from a decision of the Workers’ Compensation Board, filed September 9, 1976, which dismissed the claim for a failure to timely file as required by section 28 of the Workers’ Compensation Law. The claimant filed a claim on May 14, 1971 alleging mental disability sustained from the employment, which culminated in a nervous breakdown in October, 1962. She seeks to excuse her failure to file a claim within the two-year period of section 28 of the Workers’ Compensation Law by alleging she was incompetent and invoking the tolling provision of section 115 of the Workers’ Compensation Law…