Claim of O'Esau v. E. W. Bliss Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, E. W. Bliss Company and another, from an award of the State Industrial Commission, entered in the office of said Commission on the 20th day of May, 1918.
1Opinion of the Court
John M. Kellogg, P. J.:
The employee was injured on the 28th day of March, 1916, and died on account of such injuries March 21,1918. The employee failed to file a notice of injury, as required by sec- ' tion 18, but the claim was filed as required by section 28 of the Workmen’s Compensation Law.* His widow, however, filed a claim for death benefits the day after his death. The fact that he had failed to give notice in a manner which entitled him to compensation does not bar her right to death benefits. By section 28 the right to compensation “ shall be forever barred unless within one year…
2Cases cited1 opinion
- Kelliher v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1914
3Cited by10 opinions
- Claim of Hughes v. Trustees of St. Patrick's CathedralNew York Court of Appeals · 1927
- Claim of Iannone v. Radory Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1955
- Fossum v. State Accident Insurance FundOregon Supreme Court · 1980
- Mikolich v. State Industrial Accident CommissionOregon Supreme Court · 1957
- of Hampton v. Director of Division of LaborColorado Court of Appeals · 1972
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