(DOWNLOAD) "Matter Claim Anna L. Holmes v. Stuart Mccampbell Et Al." by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Claim Anna L. Holmes v. Stuart Mccampbell Et Al.
- Author : Supreme Court of New York
- Release Date : January 27, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
[39 A.D.2d 624 Page 624] Claimant, a domestic servant, fell and sustained an injury to her hip in August, 1965 while picking flowers with which to
decorate her employer's home. She did not seek medical treatment until December, 1965, did not actually begin to undergo treatment
until January, 1966 and did not file a claim for compensation until September, 1967. The board, finding that claimant received
wages during absences because of the injury with knowledge by the employer of such absences and that she received medical
care at the employer's instruction, concluded that advance payment was established and the bar to compensation for failure
to file the claim within the two-year statutory period was removed. To support a finding that the bar of section 28 of the
Workmen's Compensation Law has been lifted, wages must be paid to a disabled employee and the circumstances of the payment
must be such as to imply an acknowledgment or recognition of liability (Matter of Schmitt v. Alpha [39 A.D.2d 624 Page 625]