It was spared that burden when Kmeth himself, through counsel, filed an application for adjudication of claim on September 17, 1971. He did not ask for an immediate hearing, but placed an 'x' next to the question: 'set later on written request. 'They further differed on whether this threshhold question, common to both proceedings, should be decided by the Board or the superior court. In the superior court a trial on the jurisdictional question of employment had been set for October 2, 1972. 5405) and that his secretary was faster in filling out the Board's form application, than he was in dictating the superior court complaint.

Download full case here.