State v. Eyres Storage & Distributing Co.

Citations

• 115 Wash. 682
• 198 P. 390
• 1921 Wash. LEXIS 792

Syllabus

<p>Master and Servant (121-2)—Workmen's Compensation—Remedies—Powers oe Commission. Laws 1919, p. 340, § 1, amending Rem. Code, § 6604-2, relating to extra-hazardous occupations not enumerated or that may arise; by adding a provision that the commission shall have power, upon notice and hearing, to declare any such extra-hazardous occupation to be under the act, does not give the commis-. sion the power to determine that any occupation is extra-hazardous when in fact it plainly is not so.</p> <p>Same (121-2)—-Remedies—Void Order—Appeal. Where the indus- . trial insurance commission made an order declaring an occupation extra-hazardous, under Rem. Code, § 6604-2, as amended by Laws 1919, p. 340, § 1, when plainly it was not so, it exceeded its authority and the order is void, and may be collaterally attacked notwithstanding no appeal was taken therefrom as required by the act.</p>