In the Matter of the Claim of Gertrude S. Ahern, Respondent, Against South Buffalo Railway Company, Appellant…

Summary

The Court affirmed the Appellate Division's order that the Workmen's Compensation Board had jurisdiction to award disability compensation to the widow of Thomas J. Ahern, holding that the employer's payment of prior temporary awards constituted a waiver of its jurisdictional objection under section 113 of the Workmen's Compensation Law. The majority reasoned that the parties' conduct demonstrated a mutual intent to waive federal remedies, making the board's award valid. The decision was affirmed despite a dissent arguing that no waiver could confer jurisdiction where none existed.