The appellants seek to deny disability benefits of the claimant, severely injured in an automobile accident, on the ground, he was not entitled to benefits pursuant to subdivision 4 of section 205 of the Workmen’s Compensation Law in that at the time of the accident he did not have a valid license to operate a motor vehicle. The question thus posed is whether
Thus, while claimant would arguably not have been involved in the accident if he had observed the law and not driven as the claimant in Bauer would not have been shot if he had not gone hunting, the illegality of the act could be found here as in Bauer not to have been the proximate cause of the accident. Moreover, such a result conforms to the somwhat analogous principle of negligence law that proof of lack of a driver’s license is inadmissible upon the issue of liability (Kenneth v. Gardner, 36 A D 2d 575, 576; Phass v. MacClenathen, 274 App. Div. 535) and the liberal interpretation intended to be given the provisions of the disability benefits law (Matter of Lemley v. State Mut. Life Assur. Co., 23 A D 2d 130,131). (Cf. Wood v. Snyder, 83 Ind. App. 31 [which held that the evidence does not show that the failure of appellant to have a chauffeur’s license had anything to do with causing the injury; that the injury was neither due to nor caused :by the illegal act]. See, also, 1A Larson, Workmen’s Compensation Law, § 35.40.)
The decisions should be affirmed, with costs to the Workmen’s Compensation Board.
Heblihy, P. J., Staley, Jb., Geeenblott and Main, JJ., concur.
Decisions affirmed, with costs to the Workmen’s Compensation Board.
