Opinion
September 22, 1943.
Appeal from State Industrial Board.
The employer was engaged in the bus transportation business and claimant was employed as a bus driver. While driving a bus from Northampton, Massachusetts, to New York City, claimant was injured by reason of a collision between the bus and an automobile at Bridgeport, Connecticut. Appellant contends that the Industrial Board is without jurisdiction to hear and determine this case for the reason that the employer was engaged solely in interstate commerce. The employer was not a railroad carrier and Congress has made no provision for a method of compensation for personal injuries with respect to employees of interstate carriers by motor bus. The claimant is a resident of the State of New York and is employed in a hazardous business, and jurisdiction of his claim vested in the State Industrial Board. ( Matter of Smith v. Lavine, Inc., 231 App. Div. 774; Matter of Ahearn v. United Van Lines, Inc., 265 App. Div. 898. ) The award should be affirmed, with costs to the State Industrial Board. Award affirmed, with costs to the State Industrial Board. All concur.