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Lynch v. City of Newark

Decided: February 7, 1957.

WILLIAM J. LYNCH, PETITIONER-APPELLEE,
v.
CITY OF NEWARK, RESPONDENT-APPELLANT



On appeal from Workmen's Compensation Division.

Foley, J.c.c.

Foley

The respondent appeals from an award in the Workmen's Compensation Division of total and permanent disability.

It is conceded that on April 12, 1946 the petitioner suffered an accident which arose out of and in the course of his employment and that as a result he is totally and permanently disabled.

Resistance to the claim is founded upon a two-fold challenge to the jurisdiction of the Division. In the first place, it is urged that the claim is barred by the limitation set forth in the Workmen's Compensation Act, which provides:

"34:15-51. Claimant required to file petition within two years; contents. Minors.

Every claimant for compensation * * * shall * * * file a petition * * * within two years after the date on which the accident occurred * * * or in case a part of the compensation has been paid by the employer, then within two years after the last payment of compensation."

The chronology of the litigation follows:

December 21, 1948 -- Petition filed.

March 29, 1949 -- Discontinued with petitioner's consent.

August 6, 1949 -- Second petition filed.

May 8, 1949 -- Dismissed for lack of ...


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