Claim of Borelli v. Rochester Transit Corp.

On this appeal, arising from a workmen’s compensation proceeding, we are asked to determine whether a letter — hereinafter quoted — constitutes a notice of claim and, if we give an affirmative answer, whether payments of death benefits shall be made by the Special Fund or by' the insurance carrier.

While in the course of his employment on June 30,1942, John Borelli sustained accidental injuries which resulted in his death on July 2,1942. At a hearing before the referee on September 11,1942, information was given that the decedent was survived by a widow living in Italy. In the absence of any…