Claim of Drab v. Consolidated Edison Co. of New York, Inc.

Claimant appeals from a decision of the Workmen’s Compensation Board holding that his claim is barred by failure to give notice in compliance with section 28 of the Workmen’s Compensation Law. Claimant alleges that he sustained an accident in the nature of a heart attack on February 8, 1954. A written claim was not filed until March 14, 1957, more than three years after the alleged occurrence. Claimant contends that the self-insured employer knew of the alleged accident, and that the failure to comply with section 28 was waived by an advance payment of compensation. Appellant testified that…