255 A.D. 895 | N.Y. App. Div. | 1938
Appeal from a decision of the State Industrial Board, denying appellant’s application for a rescission of an award previously made and for dis-allowance and dismissal of the claim on the ground of lack of jurisdiction, which decision continued the award and directed employer to continue payments pursuant thereto and closed the case. The employer has stipulated that the sole question for review is whether the State Industrial Board has jurisdiction of the subject-matter by reason of the fact that the employee was engaged in maritime employment and, therefore, subject to admiralty jurisdiction. On December 12, 1918, the employee was employed as cook on the tug Solicitor by the employer herein, which was engaged in the business of ship and engine repairs. By reason of a collision between the tug and another vessel employee received injuries which caused his death on December 23, 1918. After hearings before the Board an award to the dependents was made on October 23, 1919. No appeal was taken therefrom and payments were made thereunder for approximately seventeen years, after which the employer discontinued payments and made application to the Board to set aside the award and dismiss the claim, which application resulted in the decision now appealed from. On suciffapplication the point was first raised