Templer v. Town of Canadice — 211 A.D. 822

Majority

p. 822

Before State Industrial Board, Respondent. Thadeus Templer, Respondent, v. Town of Canadice and Another, Appellants.

Headnote

Workman’s compensation — award —■ error for State Industrial Board to reopen award and make new award without giving employer opportunity to introduce evidence.

Appeal from an award of the State Industrial Board, made on the 2d day of October, 1923.

The last hearing was on an application to reopen a previous award. Until the award was reopened the appellants were not required to produce their evidence. At the conclusion of the hearing the Board not only opened the award but granted a new award against the objection of the appe lants that they had not had an opportunity to present their evidence. Award reversed and matter remitted to the State Industrial Board, with costs against said Board to abide the event.

All concur.