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Claim of Nieresdursen v. John T. Clark & Son

192 A.D. 939 Court N.Y. App. Div. English

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Majority

p. 939
Before State Industrial Commission, Respondent. In the Matter of the Claim of John Nieresdursen, Respondent, for Compensation to Himself under the State Workmen’s Compensation Law, v. John T. Clark & Son, Employer, and The Fidelity and Casualty Company of New York, Insurance Carrier, Appellants.

Award reversed on the ground that the evidence does not sustain the finding of the claimant’s inability to give notice; and the matter remitted to the Commission to take further evidence and to make specific findings on the question of the claimant’s inability to give notice and the duration of such inability, or other findings excusing the failure to give notice. All concur.