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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
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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.