Opinion
November 18, 1942.
Appeal from State Industrial Board.
Present — Hill, P.J., Crapser, Heffernan, Schenck and Foster, JJ.
The employer was engaged in the moving, storage and trucking business and claimant was employed as a helper in loading the trucks. The principal office of the employer is in Cleveland, Ohio. On June 24, 1941, while engaged in his regular occupation and moving a piano, claimant was injured. No issue was raised as to the cause of the injury or the extent thereof, or the correctness of the award. The employer contends that it was engaged in interstate commerce and that consequently the State Industrial Board has no jurisdiction over it. The employer is a carrier by truck and not a railroad carrier and consequently the State Industrial Board had jurisdiction to make the award. The employer also makes the contention that the notice of the hearing was defective. The Board found that the employer has a branch office in the city of New York and that proper notice was mailed to it at that place. The evidence sustains the determination of the Board. Award unanimously affirmed, with costs to the State Industrial Board.