In re the Estate of Epstein

Wingate, S.

This application involves a question of the interpretation of section 130 of the Workmen’s Compensation Law, added by chapter 508 of the Laws of 1931, which appears never to have been passed upon in any reported decision.

The facts are not in dispute. The decedent was an employer of labor who took out a policy of employers' liability insurance with Royal Indemnity Company for the year terminating on October 15, 1931. The basis of the premium payable by him was the amount of his annual payroll, and was computed at the rate *777of $5.43 for each $100 of such annual expenditure. This…