Claim of McMahon v. Carll

Award reversed and claim remitted, with costs against the State Industrial Board to abide the event, to determine whether an action against a third party has been brought, and if so to await the determination of that action as bearing on the claimant’s right to recover compensation; and if no such action has been brought then to make an award against the employer and the insurance carrier in favor of the State Treasurer. Van Kirk, P. J., Hinman, Davis, Hill and Hasbrouck, JJ., concur.