Legal Opinion

Claim of Kraemer v. Mergenthaler Linotype Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1921PublishedCited by 3 opinions

Appeal by the defendants, Mergenthaler Linotype Company and another, from an award of the State Industrial Commission, entered in the office of said Commission on the 20th day of August, 1920, and also from an award entered in the office of said Commission on the 9th day of December, 1920.

1Opinion of the Court

Cochrane, J.:

The accident occurred" September 12, 1918. The claim for compensation was not filed with the Commission within one year thereafter. It was, therefore, barred unless the bar of the statute was waived by the failure of the appellants to raise the question before the Commission on the hearing of the claim. (Workmen’s Compensation Law, § 28, as amd. by Laws of 1918, chap. 634.) Several hearings were had and on August 20, 1920, the Commission made an award in favor of the claimant. From this award the first appeal herein was taken. It is conceded that no objection on the ground of the…

2Cases cited1 opinion

  1. Sperduto v. New York City Interborough Railway Co.New York Court of Appeals · 1919

3Cited by3 opinions

  1. Lindblom v. Employers' Liability Assurance Corp.Montana Supreme Court · 1930
  2. Bender v. Roundup Mining Co.Montana Supreme Court · 1960
  3. Bender v. Roundup Mining Co.Montana Supreme Court · 1960

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