Legal Opinion
Claim of Whitmyre v. International Business MacHines Corp.
New York Court of Appeals
Decided April 27, 1937PublishedCited by 3 opinions
1Per curiam
Because notice of disablement way not given pursuant to section 45 of the Workmen’s Compensation Law (Cons. Laws, ch. 67), this court in Matter of Whitmyre v. International B. M. Corp. (267 N. Y. 28) reversed the award and dismissed the claim. Thereafter the State Industrial Board reconsidered the case, making a new finding that written notice of disablement was not given to the employer within the time prescribed by sections 18 and 45 of the Workmen’s Compensation Law, but such notice could not have been given for the reason that the cause of disablement was not known until after the death…
2Cases cited4 opinions
- Matter of Di Donato v. RosenbergNew York Court of Appeals · 1931
- Claim of Whitmyre v. International Business MacHines Corp.New York Court of Appeals · 1935
- Matter of McMahon v. Gretzula, Standard Accident Ins.New York Court of Appeals · 1935
- Claim of McMahon v. GretzulaAppellate Division of the Supreme Court of the State of New York · 1934
3Cited by3 opinions
- Claim of Daus v. Gunderman & Sons, Inc.New York Court of Appeals · 1940
- Claim of Whitmyre v. International Business MacHines Corp.New York Court of Appeals · 1937
- Matter of Stickle v. Westcott GarageNew York Court of Appeals · 1942