214 A.D. 151 | N.Y. App. Div. | 1925
The accident happened and death resulted on August 6, 1924. Upon the hearing in this death case the referee ruled that because the employer and carrier had failed to file with the State Industrial Board a certain form known as “ Notice of Controversy ” referred to in Workmen’s Compensation Law, section 25 (as amd. by Laws of 1915, chap. 167; Laws of 1919, chap. 629; Laws of 1921, chap. 540; Laws of 1922, chap. 615), said employer and carrier waived all rights thereby to contest the claim and that the only question in the case was the claim of dependency. The objections raised upon the hearing were that death was the result of natural causes and not connected with an accidental injury and that claimants were not dependents. The employer and carrier have by this ruling been denied an opportunity to be heard and to present evidence or otherwise controvert the claim.
Section 25 of the Workmen’s Compensation Law is a long section referring generally to the methods of payment of compensation. It is the expressed purpose of the section to require prompt payment of compensation if the employer or carrier does not controvert
Moreover, the provision in question relates directly to disability
It is apparent that the referee was in error in his interpretation of the section in question and has by his ruling prejudiced the substantial rights of the employer and carrier by depriving them of the opportunity to be heard, contrary to the statute.
The award should be reversed and the claim remitted, with costs against the State Industrial Board to abide the event.
All concur.
Award reversed and matter remitted, with costs against the State Industrial Board to abide the event.