Before State Industrial Board, Respondent. Henry Van Tassel, Respondent, v. Basic Refractories Corporation and Another, Appellants

Before State Industrial Board, Respondent. Henry Van Tassel, Respondent, v. Basic Refractories Corporation and Another, Appellants. Workmen’s compensation—award — second award for total disability cannot be made while employee is receiving compensation from same employer under prior award for toted disability. Appeal from an award of the State Industrial Board, made on June 25, 1925. [MAJORITY — Per Curiam.] Per Curiam. The claimant, when the present award, as for total disability, was made, was receiving compensation from the same employer, as for a total disability, under a prior award for a prior accidental injury. Obviously, being already totally disabled, he was incapable of being again totally disabled, and the award in question should not have been made. Any other view would result in the claimant’s receiving from the same employer twice the maximum compensation prescribed by the Workmen’s Compensation Law. As long as the first award stands we think the claimant will be entitled to no further award. The award should be reversed, and matter remitted to the State Industrial Board. All concur. Award reversed and matter remitted, with costs against the State Industrial Board to abide the event.