Compensation of McNett v. Roy-Ladd Construction Co.

Claimant appeals from an order of the Workers’ Compensation Board affirming denial of his claim for an occupational disease on the ground of failure to give notice to the employer within the statutory 180 day period. He assigns as errors (1) the adverse ruling on the late filing issue and (2) the failure to pay compensation for the interim period from the date he reported the claim to the date the employer denied it and award him penalties and attorney fees.

Claimant, 61, was employed for nearly 40 years as an operator of heavy equipment, including bulldozers and caterpillar tractors. On…