Majority
p. 845Third Department, January, 1926. Before State Industrial Board, Respondent. Satie Ryan, Respondent, v. Brooklyn-Manhattan Transit Corporation, Successor to Brooklyn Rapid Transit Company, Appellant.
Headnote
Workmen’s compensation — death benefits — notice of injury not necessary — failure to give written notice of death is waived by failure to object at hearing.Appeal from an award of the State Industrial Board, made on March 23, 1925.
This being an award for death benefits, notice of injury was unnecessary. The appellant not having raised before the Board any objection to the failure to give written notice of death, is deemed to have waived such notice. (Workmen’s Compensation Law, § 18.) The finding, therefore, that written notice of death was not given is immaterial, and it is of no importance that the failure to give such notice may have been excused on improper grounds. Award unanimously affirmed, with costs to the State Industrial Board.