Claim of Whitmyre v. International Business MacHines Corp.

George H. Whitmyre became disabled December 9, 1930, by benzol poisoning due to the nature of his employment and on October 14, 1931, as a result of that poisoning, he died. Pursuant to the provisions of the Workmen’s Compensation Law (Cons. Laws, ch. 67, § 15, subd. 8) an award has been made to the order of the Industrial Commissioner, Special Fund.

Notice of disablement was not given to the employer within ninety days after the disablement. The only notice was the notice of death November 11, 1931, filed within thirty days after death. Appellants argue that two notices are required, one…