Crinis

Alaska Treadwell Gold Mining Co. v. Crinis

Good Law
167 C.C.A. 138·255 F. 810·4 Alaska Fed. 728
United States Court of Appeals for the Ninth CircuitFebruary 3, 1919No. 3212California1,739 words

Opinion

Lead Opinion

Hunt, J.

Section 9 of the Alaska Compensation Act (Session Laws Alaska 1915, p. 146), provides that, where a person claims to be a beneficiary entitled to compensation under the act, such beneficiary or some one in his or her behalf shall within 120 days from and after the death of such employé serve a written notice upon the employer, which notice shall contain the name and address of the person claiming to be such beneficiary, the relationship existing between such beneficiary and the deceased, and certain other matters not now material. It is also provided that: “Such notice shall be liberally construed and no claim for compensation shall be denied because of any defect in the notice, provided it appears that a notice was served with a bona fide intention to comply with the provisions of this act.”

After providing for a method of service upon the employer the section ends with the following sentence: “ * * * Except in the cases in this section otherwise expressly provided, no action or other proceeding to recover such compensation shall be brought or maintained, nor shall any claim for such compensation be filed or allowed as hereinafter provided unless such notice shall have *730 been…

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