Stertz v. Industrial Insurance Commission

Citations

• 91 Wash. 588
• 158 P. 256

Syllabus

<p>Master and Servant — Workmen’s Compensation Act' — Construction. The injury for which a workman is entitled to recover under the workmen’s compensation act (3 Rem. & Bal. Code, § 6604-3), is one resulting from some fortuitous event, not necessarily accidental, which under 3 Id., § 6604-5, may have occurred away from the plant of the employer, if the workman were at the time in the course of his employment.</p> <p>Same. Under provisions of the workmen’s compensation act excluding from compensation only wilfully incurred injuries, and those arising from diseases, and defining “injury” as used in the act as referring “only to an injury resulting from some fortuitous event,” the right of compensation is not confined to injuries arising out of the employment nor to those of an accidental nature.</p> <p>Same. The workmen’s compensation act of this state (3 Rem. & Bal. Code, § 6604-1 et seq.) is neither an employer’s liability, nor an ordinary compensation act, but an industrial insurance statute, under which the remedy for rejected claims is against a fund in the hands of a state commission and not against the employer.</p> <p>Same. The workmen’s compensation act (3 Rem. & Bal. Code, § 6604-1 et seq.) ends the jurisdiction of the court as to all phases of the master’s liability to his servant for injuries resulting from fortuitous events, regardless of fault on the part of either, and remits the determination thereof to the industrial insurance commission.</p> <p>Constitutional Law — Due Process — Workmen’s Compensation Act. The due process clause of the Federal constitution is not violated by an act adding liability to the employer to his employee through the act of a stranger on the premises, nor by the provision of the act making the employer an insurer of the employee while at the employer’s plant.</p> <p>Master and Servant — Workmen’s Compensation Act — Injuries Away From Plant. Under the workmen’s compensation act (3 Rem. & Bal. Code, § 6604-1 et seq.) giving an