White v. Revere Copper & Brass, Inc.

*34McGregor, J.

We are faced with an appeal from the workmen’s compensation appeal board in the nature of certiorari, to determine whether or not a member of that board, who was not appointed to that board until after oral argument had been heard, may participate in the decision thereof, the plaintiff claiming that by such participation, he suffered a denial of due process. When the workmen’s compensation appeal board decided the appeal of the defendant from the decision of the referee, a newly appointed member of that board participated in the decision, in effect casting the deciding vote…