Opinion
September 28, 1949.
Appeal from New York County.
Present — Foster, P.J., Heffernan, Deyo, Santry and Bergan, JJ.
Decedent was injured in the course of his employment but before an award of compensation had been made he died of other causes, leaving no next of kin. Appellants here object to the award on the ground that § 33 Work. Comp. of the Workmen's Compensation Law, as amended by chapter 904 of the Laws of 1945, which permitted a post-mortem award to be made to an employee's estate, does not apply to an accident which occurred prior to the effective date of the amendment. Decedent was injured September 10, 1942, and died November 30, 1943. The effective date of the amendment noted was April 20, 1945. The award appealed from was made June 2, 1948. The amendment was prospective in operation in that it applies only to awards made on and after April 20, 1945. Within that limitation no constitutional rights of the appellants were violated by applying the amendment to an accident which happened before the effective date. ( Matter of Schmidt v. Wolf Contr. Co., 269 App. Div. 201, affd. 295 N.Y. 748.) Award unanimously affirmed, with costs to the Workmen's Compensation Board.