Parker v. Industrial Insurance Department

Citations

• 102 Wash. 54
• 172 P. 830
• 1918 Wash. LEXIS 890

Syllabus

<p>Master and Servant — Workmen’s Compensation — Decision op Insurance Department—Appeal—Statutes. Questions going to the classification of an injured workman, and his right to participate in the insurance fund, are subject to review on appeal from the insurance department as “questions of fact,” within the meaning of Rem. Code, § 6604-20, providing for appeals in so far as a department decision rests upon questions of fact; “questions of fact” meaning all facts necessary to be determined before a workman is classed as a beneficiary, and matters of “discretion,” as to which there is no appeal, referring to matters pertaining to the administration of the fund after a workman is classified.</p> <p>Same—Workmen’s Compensation—Partial Disability—Right to Benefit. Where it is conceded that a beneficiary seeking recovery for “permanent partial disability” under Rem. Code, § 6604-5 (f) of the workmen’s compensation act, is suffering from neurosis or hysterical paralysis to such an extent as to be partially disabled, although he may recover, he is entitled to the benefits of Id., § 6604-5 (d), providing for cessation of benefits upon recovery and the continuance of proportionate payments so long as the present earning power is only partially restored.</p>