Tomasini v. Youngstown Mines Corp.

Defendant, granted leave, appeals from an award to plaintiff under part 7 of the workmen’s compensation law (CL 1948 and CLS 1956, § 417.1 et seq. [Stat Ann 1960 Rev § 17.220 et seq.]). The award was made for total disability, commencing-June 3, 1955, that being the appeal board’s determined date of “disability by silicosis.”

The duly raised question of want of timely notice-of disablement (see section 10 of said part 7 [CL-1948, § 417.10 (Stat Ann 1960 Rev § 17.229)]) is decisive and calls for reversal of such award. Plain*505tiff failed to give notice of disablement until filing ■of application…