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32.0626 Notice of injury or death-Contents-Delivery-Failure to give.

Cite as [A.S.C.A. § 32.0626]

(a) Notice of an injury or death for which compensation is claimed under this chapter and Chapter 32.05 must be given, within 30 days after the date of such injury or death, to the Commissioner and to the employer.

(b) Such notice must be in writing, contain the name and address of the employee and a statement of the time, place, nature and cause of the injury or death, and be signed by the employee or by some individual on his behalf, or in case of death, by any individual claiming to be entitled to compensation for such death or by an individual on his behalf.

(c) Notice to the Commissioner must be given by delivering it to him or sending it by mail addressed to his office, and to the employer by delivering it to him or by sending it by mail addressed to him at his last known place of business. If the employer is a partnership, such notice may be given to any partner, and if a corporation, such notice may be given to any agent or officer thereof upon whom legal process may be served or who is in charge of the business in the place where the injury occurred.

(d) Failure to give such notice does not bar any claim under this chapter and Chapter 32.05:

(1) if the employer, or his agent in charge of the business in the place where the injury occurred, or the carrier, had knowledge of the injury or death and the Commissioner determines that the employer or carrier has not been prejudiced by failure to give such notice; or

(2) if the Commissioner excuses such failure on the ground that for some satisfactory reason such notice could not be given; or

(3) if objection to such failure is not raised before the Commissioner at the first hearing of a claim for compensation in respect of such injury or death.

History: 1967, PL 10-15.