Claim of Anderson v. Johnson Lighterage Co.

Headnote

Workmen’s Compensation Law—jurisdiction—former adjudication— State Industrial Board without jurisdiction to reopen case after decisions by Appellate Division and Court of Appeals that it had no power to make award.

Anderson v. Johnson Lighterage Co., 214 App. Div. 743 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 26, 1925, reversing an award of the State Industrial Board, made under the Workmen’s Compensation Law. The claimant, a longshoreman, in 1917 was injured by a fall on a dock in the course of his employment. An award, under the Workmen’s Compensation Law, was made but on appeal to the Appellate Division said award was reversed and the appeal dismissed ( 182 App. Div. 152 ) on the ground that claimant was engaged in maritime work. On appeal to the Court of Appeals the decision of the Appellate Division was affirmed ( 224 N. Y. 539 ), and thereafter a writ of certiorari to review the decision of the Court of Appeals was denied by the United States Supreme Court ( 248 U. S. 574 ). Upon the theory that by a later decision of the United States Supreme Court it had been held that injuries received on land were not maritime, the case was reopened by the Industrial Board

and a new award made. The Appellate Division reversed on the ground that it had been finally determined that the Industrial Board had no jurisdiction to make an award.