
    In the Matter of the Claim of Michael Bianc, Respondent, against New York Central Railroad Company, Appellant. State Industrial Commission, Respondent.
    
      Bianc v. N. Y. Central R. R. Co., 186 App. Div. 925, affirmed.
    (Argued January 7, 1919;
    decided April 8, 1919.)
    Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 19,1918, affirming an award of the state industrial commission made under the Workmen’s Compensation Law. The award included an allowance for facial disfigurement as permitted by subdivision 3 of section 15 of said statute. Defendant contended that no notice of injury was given to the employer; that the award for disfigurement was not for loss of earning power, but by way of damages, and, therefore, violative of the due process clause of the Fourteenth Amendment to the Federal Constitution,- and that such an award, being for damages rather than for loss of earning power, could be made only by a jury, under section 2 of article 1 of the Constitution of the state of New York.
    
      Robert E. Whalen for appellant.
    
      Charles D. Newton, Attorney-General (E. C. Aiken of counsel), for respondent.
   Order affirmed, with costs, on authority of Matter of Sweeting v. American Knife Co. (226 N. Y. 199).

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin and Andrews, JJ. Chase and Hogan, JJ., vote to remit to Industrial Commission for further hearing.  