Opinion
November 16, 1961
Present — Bergan, P.J., Gibson, Herlihy, Reynolds and Taylor, JJ.
Appeal by employee from a decision of the Workmen's Compensation Board which disallowed her claim for disability benefits under article 9 of the Workmen's Compensation Law on the ground that proof of disability was not timely furnished. Claimant filed a notice and proof of claim for disability benefits dated May 11, 1957 in which she alleged that she became disabled on July 1, 1950. A statement of her disability by her attending physician who treated her between July 5, 1950 and September 29, 1950 bears date May 24, 1957. Claimant's delay of almost seven years in furnishing the required proof of disability is fatal to her claim. (Workmen's Compensation Law, § 217, subd. 1; Matter of Whalen v. Allied Messenger Serv., 12 A.D.2d 1.) Decision of Workmen's Compensation Board unanimously affirmed, without costs.