Opinion
June 19, 1967
Appeal by the claimant from a decision of the Workmen's Compensation Board which denied benefits due to late filing (Workmen's Compensation Law, § 28). It is not contended that the C-3, employee's claim for compensation, was timely filed but reliance is placed upon a C-4 form, a medical report by a doctor. Such report does not meet the requirements of the statute and it cannot be reasonably inferred that the filing thereof was intended as a claim for compensation. We have recently determined that an employer's report of injury (C-2) is not sufficient to meet the requirements of the statute. (See Matter of Gans v. Active Equip. Supply, 27 A.D.2d 788.) Decision affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Herlihy, J.