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Claim of Augustine v. Grumman Aircraft Engineering Corp.

Appellate Division of the Supreme Court of New York, Third Department
May 10, 1950
277 App. Div. 821 (N.Y. App. Div. 1950)

Opinion

May 10, 1950.

Appeal from Workmen's Compensation Board.

Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.


Appellants urge that no claim for compensation was filed until more than five years had elapsed following the date of the accident. The board found, however, that the employer had made advance payments of compensation and, therefore, claimant was not barred by failure to file a written claim within the statutory period. We cannot say as a matter of law that there is no evidence to sustain the determination of the board. Award unanimously affirmed, with costs to the Workmen's Compensation Board.


Summaries of

Claim of Augustine v. Grumman Aircraft Engineering Corp.

Appellate Division of the Supreme Court of New York, Third Department
May 10, 1950
277 App. Div. 821 (N.Y. App. Div. 1950)
Case details for

Claim of Augustine v. Grumman Aircraft Engineering Corp.

Case Details

Full title:In the Matter of the Claim of JOHN AUGUSTINE, Respondent, against GRUMMAN…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 10, 1950

Citations

277 App. Div. 821 (N.Y. App. Div. 1950)