Opinion
November 17, 1948.
Appeal from Workmen's Compensation Board.
Present — Hill, P.J., Heffernan, Brewster, Foster and Deyo, JJ.
Claimant was employed as a baker in a retail bakery shop owned and operated by the employer. On February 15, 1945, while claimant was engaged in the regular course of his employment, and while carrying a container of lard weighing about 120 pounds up a narrow stairway, he was injured. The appellants contend that claimant failed to give written notice of the accident within the time prescribed by statute and that the record fails to support the finding of causal relation. The board found that claimant's injuries were causally related to the accident and the evidence sustains that conclusion. The board also found that failure to give written notice was waived by the appellants by their failure to raise the issue at the first hearing of the claim at which claimant testified. In the employer's first report of the injury, dated April 11, 1945, the employer stated that it learned of claimant's accident a week after it had occurred. The finding of the board that the employer had actual notice is sustained by the proof. Award unanimously affirmed, with costs to the Workmen's Compensation Board.