Claim of Babington v. Yellow Taxi Corp.

This is a death case in which awards have been made to a surviving wife, a dependent mother and three children under eighteen years of age. The date of death was January 29, 1925, as the result of an accident on June 4, 1924. There was no written notice of death given to the employer within the thirty days’ period nor has the failure to give such notice been excused by the Board for lack of prejudice or on other statutory ground. (Workmen’s Compensation Law, § 18.) The awards should be reversed on that ground.

Other grounds of appeal have been presented and considered but none of them requires…