186 185 184 Memorandum of Mr. Corcoran to members of Board, Oct. 21, 1937, with votes of Miss Swartz and Mr. Edwards was sustained and the award affirmed. Notice of appeal was filed following the decision of the Board, but the case was thereafter returned and the attention of the Board was called to the fact that failure to give written notice had not been excused. After further hearing and after the submission of additional testimony, the Referee found that notice of the accident was not given within thirty days and that there are no grounds shown upon which such failure may be excused. Both claims were therefore disallowed. After careful review of the record, we find that the evidence presented herein does not warrant reversal of the decision made by the Referee under date of February 20, 1936. Accordingly, the disallowance of the disability and death claims should be and is hereby affirmed. James A. Corcoran, Member, Industrial Board. JAC-SK. MEMORANDUM OF MR. CORCORAN TO MEM- Memorandum for the Members of the Board: I have granted the claimant's application for a full Memorandum of Mr. Corcoran to members of Board, 187 188 Board review as at the time I affirmed the disallowance of this claim on the issue of notice, I felt there was a question of doubt in my mind. Under the circumstances I believe this matter merits consideration by the full Board. Your attention is called to the letter of claimant's attorney of September 25, 1937. James A. Corcoran, Member, Industrial Board. Oct. 25, 1937: I disagree with the conclusions and findings of Mr. Corcoran. I am of the opinion that the employer was not prejudiced by lack of statutory notice and vote to excuse notice for reasons as given. Nelle Swartz. In my opinion the employer was deprived of a timely opportunity to investigate by reason of delayed notice and that it was therefore prejudiced. I concur in Mr. Corcoran's decision. Memorandum dated Jan. 9, 1937. E. W. Edwards. 11-5-37. 189 192 191 190 Memorandum of opinion of Mr. Carroll, Nov. 12, 1937, with vote of Mr. Cullen, Dec. 18, 1937 MEMORANDUM OF OPINION OF MR. CAR- Corcoran's decision, memorandum date Jan. 9, 1937; November 12th, 1937. Memorandum of Opinion: Although, under the decisions, a claimant has the burden of submitting proof to show that one or more of the grounds exist to justify the excusing of failure to give the employer written notice as required by Section 18 of the Act, nevertheless, in the instant case, the claimant has failed to do so. I, therefore, concur in Mr. Corcoran's decision of January 9, 1937, wherein the decision of Referee Nye dated February 19, 1936, is affirmed and I so vote. John J. Carroll, Member, Industrial Board. I vote to excuse failure to give written notice within the statutory period on the ground that deceased gave notice of injury as soon as he learned that he had been injured as a result of the accident and that the employer was not prejudiced by such failure. R. J. Cullen. Dec. 18, 1937. Supplemental memorandum of decision of Mr. 193 194 SUPPLEMENTAL MEMORANDUM OF DECI- Re: Case No. 3223805-3225468-William Devellier vs. Century Circuit, Inc. After a prior decision of the Board by the undersigned member, on the application of the claimant the above matter was submitted to the full Board for consideration and vote. It is the majority opinion of the Board that no grounds have been shown upon which the failure to give the employer statutory notice under the requirements of Section 18 of the law can be excused. The decision of the Board of January 9, 1937, is therefore affirmed and both disability and death cases are closed. JAC:ALL. James A. Corcoran, 198 197 196 Employee's claim for compensation, Dec. 4, 1932 Form C-3 State of New York EMPLOYEE'S CLAIM FOR COMPENSATION, DEC. 4, 1932 Department of Labor Office of the Industrial Commissioner 214 So. Warren St., Syracuse, N. Y. Case No........ Ins. Carrier's No...... Injured Person 1. Name of William DeVellier, 2. Address: Street and No., 96-08 42nd Ave. City or town, Corona, N. Y. 3. Sex, Male. Age, 24. Married or single. 4. Do you speak English?. ity, American. ..... National 5. State regular occupation, Theatre manager. 6. What were you doing when injured?. 7. Wages or average earnings per day, including overtime, board, rent and other allowances, $32.50 per wk. 8. Were you paid full wages for the day of accident? A. Yes. 9. Piece or time worker. Employer 1. Employer, Century Circuit, Inc. 2. Office address: Street and No., 152 W. 42nd St. City or town, New York City. |