Claim of Smith v. McKesson & Robbins, Inc.

Headnote

Workmen’s compensation — jurisdiction of state industrial board to reopen case where claim has been disallowed and after new hearing award compensation.

Smith v. McKesson & Robbins, Inc., 204 App. Div. 850 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 28, 1922, affirming an award of the state industrial board made under the Workmen’s Compensation Law. Claimant while attempting to obtain certain material from a machine in the factory where she was employed received injuries ior which she claimed compensation. After a hearing her claim was denied upon the ground that the accident had not arisen out of or in the course of her employment. Thereafter the case was reopened and after another hearing compensation was granted. Appellants contended that a decision having been made disallowing the claim, the same could not be reopened by the industrial board, and the only review permitted was by way of an appeal to the Appellate Division in the manner provided by the statute.