Opinion
May 11, 1949.
Appeal from Workmen's Compensation Law.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Bergan, JJ.
The employer also appeals from an additional award made under section 14-a Work. Comp. of the Workmen's Compensation Law for the illegal employment of the deceased, who was a minor at the time of his TXcidental death. It is claimed by appellants that the decedent was not the employee of the alleged employer at the time of the accident, and that he was employed at the time by another concern known as the Surplus Materials Co. The evidence as to this dispute on the issue of employment was conflicting and presented only a question of fact. We are not permitted to weigh such evidence and are bound by the finding of the board in that regard. It appeared from the evidence that the alleged employer did not have on file in its office an employment certificate permitting the employment of the decedent who was only sixteen years of age at the time. This was in violation of subdivision 1 of section 131 Lab. of the Labor Law, and whether the violation was intentional or not makes no difference, and the award for double compensation pursuant to section 14-a Work. Comp. of the Workmen's Compensation Law was proper. Award unanimously affirmed, with costs to the Workmen's Compensation Board, and with disbursements to respondent, Surplus Materials Co.