Breedlove v. General Baking Co.

The opinion of the court was delivered by

Hutchison, J.:

This is a proceeding under the workmen’s compensation law in which the question involved on the appeal is whether the service of the written claim for compensation, sent by ordinary mail with no evidence as to the address of the employer on the envelope but with the presumption of delivery, was sufficient as a matter of law under the statute (R. S. 1931 Supp. 44-520a). The commission dismissed the proceeding because of insufficient service of this required ninety-day notice of claim. Claimant appealed, and the trial court, on review of…