Opinion
May 10, 1950.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
The only question involved in this case is that of coverage. The employer operated a bakery shop on Madison Avenue in New York City and claimant was employed as a baker. On March 9, 1947, he sustained injuries which arose out of and in the course of his employment. Successive awards of compensation were made against the employer alone. On June 14, 1949, the Workmen's Compensation Board modified the awards and charged them against the insurance carrier. The board held that appellant had issued a binder of compensation on March 3, 1946, which was in effect at the date of the accident. The evidence sustains that determination. Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board against the appellant.