Bollerer v. Elenberger

The opinion of the court was delivered by

Kilkenny, J. A. D.

The Division of Workmen’s Compensation dismissed the claim petition on the sole ground that petitioner had failed to prove by a preponderance of the credible evidence that he notified the respondent employers or that the employers had knowledge of the claimed compensable injury within 90 days after the occurrence, as required by R. S. 34 :15-17. The judge of compensation made no determination on the substantive merits of the case, either as to whether the claimed accident had happened or, if it had, whether it was causally related to…