Opinion
November 16, 1949.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Deyo, Santry and Bergan, JJ.
The accident occurred December 10, 1943. The claim for compensation was not filed until September 15, 1947. However, the record discloses that the employer had immediate notice of the injury and instructed claimant to see a doctor who, on February 29, 1944, and at carrier's expense, made a diagnosis of a right scrotal hernia, and advised an operation. The doctor's report, wherein he states that he "treated" claimant on this one occasion, was filed March 2, 1944, and the employer's report of injury, containing the usual admissions, was filed June 16, 1944. A hearing was held on April 26, 1944, which carrier attended, and at which the case was described as a hernia case and was "Closed until claimant files a C-3". Under these circumstances the payment of the doctor's bill for a single visit constituted an advance payment of compensation sufficient to waive the statutory limitation as to the timely filing of the claim, within the intent and meaning of section 28 Work. Comp. of the Workmen's Compensation Law. Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.