Opinion
January 13, 1943.
This is an appeal from an award of death benefits granted the widow. The case was decided upon a stipulation of facts. The only question is that of jurisdiction. Prior to the accident the employer entered into a contract with the Boston and Albany Railroad for the construction of six bridges, three of which were located in Massachusetts and three in the State of New York. The decedent was employed by the employer on a job at East Brookfield, Mass., and in the early part of 1939 transferred to Chatham Center, N.Y. He worked at Chatham Center from April 12, 1939, to June 10, 1939, the date of his death, and lived there with his wife. Claim was filed for compensation on account of his accidental death in New York. The question is raised by the appellants that the Board's action in retaining jurisdiction is an encroachment on the full faith and credit clause of the Constitution. That contention is not well taken. (See Pacific Employers Insurance Co. v. Industrial Accident Comm., 306 U.S. 493.) Award affirmed with costs to the State Industrial Board. Hill, P.J., Crapser, Heffernan and Schenck, JJ., concur; Bliss, J., taking no part.