Possus

Ellamar Mining Co. v. Possus

Good Law
159 C.C.A. 474·247 F. 420·4 Alaska Fed. 660·1918 U.S. App. LEXIS 1802
United States Court of Appeals for the Ninth CircuitJanuary 7, 1918No. 2949California1,172 words

Opinion

Lead Opinion

Gilbert, J.

(after stating the facts as above).

The defendant contends that, if the plaintiff is entitled to any compensation or damages for his injuries, he must seek the same under the Workmen’s Compensation Act alone, and cites Ross v. Erickson Const. Co., 89 Wash. 634 , 155 P. 153 , L.R.A.1916F, 319, a case in which it was held that the purpose of the Industrial Insurance Law of Washington (3 Rem. & Bal. Code, §§ 6604 — 1 et seq.) was to remove from the courts personal injury actions by employés, and was intended to cover, not only injuries, but all aggravations through negligence of a physician engaged by the master and paid out of sums deducted from the wages of employés. But the Industrial Insurance Law of Washington differs materially from the Workmen’s Compensation Act of Alaska. The intention of the Washington law, as expressed in the terms thereof, was to withdraw from private controversy all phases of civil causes for personal injuries to employés, and to abolish the jurisdiction of courts over such causes, and the Supreme Court in the case cited held that the purpose of the act was to end all litigation growing out of, incident to, or resulting from the primary injury, and in…

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