General Cable Corporation v. Levins

11 A.2d 61 (1940)

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General Cable Corporation v. Levins

New Jersey Supreme Court
11 A.2d 61 (1940)

Facts

On July 29, 1935, Peter Levins (plaintiff) hit his head on a beam while working for General Cable Corporation (defendant). Levins went to the first aid room on the premises of General Cable, and a foreign body was removed from Levins’s left eye by Dr. Kovarsky. A few days later, Levins visited Dr. Kovarsky and advised the doctor that his eye had not improved, but Levins was not reexamined. When Levins went to an eye specialist on September 23, he found out the retina of each eye was detached, leaving him almost blind. Levins filed a claim for workers’-compensation benefits. The Middlesex County Court of Common Pleas and the deputy commissioner awarded Levins workers’-compensation benefits for his eye injury. General Cable appealed, arguing that the award was improper for failure to give statutory notice of the injury, lack of knowledge by the employer of the occurrence of injury within 90 days, and lack of evidence of actual knowledge of the occurrence of injury by the employer. It was conceded that Levins did not give General Cable statutory notice that the injury occurred. General Cable further argued that the ultimate disability was a detached retina, which Levins found out about in September 1935, and Levins did not advise Dr. Kovarsky that he specifically struck his head on the beam.

Rule of Law

Issue

Holding and Reasoning (Brogan, C.J.)

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