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Matter of Gubin v. Leon Lederman, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Sep 27, 1939
257 App. Div. 1091 (N.Y. App. Div. 1939)

Opinion

September 27, 1939.

Appeal from State Industrial Board.

Present — Hill, P.J., Crapser, Bliss, Heffernan and Schenck, JJ.


The sole question involved is whether the failure to give written notice of injury was properly excused. The employer was a manufacturing furrier and claimant was employed as an operator. While engaged in his regular occupation, a needle penetrated his finger. While it is conceded that he did not give his employer notice of injury within the time prescribed by the Workmen's Compensation Law, the State Industrial Board excused his failure so to do on the ground that claimant was not aware of the nature and seriousness of his injury and that after infection had resulted, he immediately obtained medical care and treatment and notified his employer. The evidence sustains the finding that the failure to give written notice of injury was properly excused. Award unanimously affirmed, with costs to the State Industrial Board.


Summaries of

Matter of Gubin v. Leon Lederman, Inc.

Appellate Division of the Supreme Court of New York, Third Department
Sep 27, 1939
257 App. Div. 1091 (N.Y. App. Div. 1939)
Case details for

Matter of Gubin v. Leon Lederman, Inc.

Case Details

Full title:In the Matter of the Claim of HARRY GUBIN, Respondent, against LEON…

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

Date published: Sep 27, 1939

Citations

257 App. Div. 1091 (N.Y. App. Div. 1939)

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