Opinion
March 10, 1943.
Appeal from State Industrial Board.
This case was before us in September, 1941, at which time we reversed a dismissal of the claim and remitted the matter to the State Industrial Board for further consideration and with no directions. ( Matter of Culver v. Sevilla Home for Children, 262 App. Div. 620.) When the matter came back before the referee, the employer and insurance carrier requested the opportunity to produce further evidence. This was improperly denied. It should have been granted because that is one of the reasons why the matter was remitted. Nevertheless, this request was not followed by a proper offer of the evidence and no point is made of it. Consequently, we disregard this error and mention it only for the future guidance of the Industrial Board. The matter is now back before us upon the same record but with different findings, and an award has been made and previous decision, dismissing the claim, has been rescinded by the Industrial Board. Under its continuous jurisdiction the Industrial Board might at any time rescind its previous action. Award affirmed, with costs to the State Industrial Board. All concur.