Claim of Almeida v. Al Cristina Roofing Corp.

Herlihy, J. P.

The issue on this appeal is whether the claim was timely filed — within two years of the date of the accident — pursuant to section 28 of the Workmen’s Compensation Law. It is not contended that a written notice of claim (<C-3) was filed within two years. There is no great variance as to the pertinent facts. The claimant was injured on February 18, 1959 and reported the incident to his foreman. He was treated by a physician on February 20, 1959 who thereafter filed a preliminary report with the chairman of the board and the insurance carrier. The employer filed a notice of…