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

Summary

The Court of Appeals affirmed the Appellate Division’s order that the Workmen's Compensation Board had jurisdiction to award disability compensation because the parties, through their conduct of accepting and paying temporary awards, waived their rights under the Federal Employers' Liability Act pursuant to § 113 of the New York Workmen's Compensation Law. The majority held that § 113 is a valid, constitutional statute that permits such a waiver when all parties mutually agree, and therefore the employer’s late challenge was barred by waiver, laches, and estoppel. Justice Fuld dissented, arguing that jurisdiction cannot be waived and that § 113 should not be read to confer jurisdiction on the Board.