Opinion
May 11, 1949.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Santry, JJ.
Appeal from a decision and award of death benefits. The board was warranted in finding that the employer had actual knowledge of the accident and death within the statutory period and failure to seasonably file a notice of claim was therefore properly excused. There was evidence of causal relationship, which together with the presumption under section 21 Work. Comp. of the Workmen's Compensation Law, in the absence of any proof on behalf of appellants, is sufficient to sustain the finding that death was the result of an accidental injury which arose out of and in the course of the employment. Award unanimously affirmed, with costs to the Workmen's Compensation Board.