Opinion
June, 1929.
Present — Van Kirk, P.J., Hinman, Davis, Whitmyer and Hill, JJ.
The order entered herein on May 22, 1929, is amended to read as follows: Ordered that the award of the State Industrial Board be and the same is hereby reversed and the matter remitted to said Board that it may make a finding as to whether or not the employer and carrier have waived the bar of the statute by making advance payments or otherwise; and to determine whether or not in the interests of justice the claimant shall be permitted to file a claim for compensation under section 28 Work. Comp. of the Workmen's Compensation Law, as amended by section 7 of chapter 754 of the Laws of 1928; and to make final determination of the claim, with costs to the appellants against the State Industrial Board to abide the event.
Decision remitting case, made April 30, 1929, in open court, was not received by Reporter.