Swartz v. Mitchell

Kitts, P. J.,

— This case comes before us on the appeal of claimant from the order of the Work*121men’s Compensation Board granting defendant’s petition for modification of an award. Although apparently no formal suggestion of record has been filed, we note from the appeal affidavit and the caption of the proceeding as it is docketed here that claimant evidently passed away since the hearing before thé workmen’s compensation referee and the appeal is prosecuted by his administratrix.

Claimant was in the employ of defendant Erie Malleable Iron Company, as a night watchman, on February 27.1935. On…