Wendt v. Industrial Insurance Commission

Citations

• 80 Wash. 111
• 141 P. 311
• 1914 Wash. LEXIS 1269

Syllabus

<p>Master and Servant—Workmen's Compensation—Extra Hazardous Employments—Statutes—Construction. A corporation is engaged in an extra hazardous employment, within the purview of the industrial insurance act, 3 Rem. & Bal. Code, § 6604-1 et seq., where, in connection with its main business of conducting a large department store, it maintains a work shop for repairs where power-driven machinery is employed and manual labor exercised, over which place it has control, in view of Id., § 6604-2, enumerating, among the hazards embraced, workshops where machinery is used, and § 6604-3, defining workshops as rooms or places wherein power-driven machinery is employed and manual labor exercised . . . in or incidental to making, repairing, or adapting any article, over which place the employer has the right of access or control.</p> <p>Same—Extra Hazardous Employments—Carpenters—Statutes —Construction. A carpenter employed by a large department store in making repairs, alterations and fittings and doing carpenter work about the store, who was killed while attempting to turn on the electric power in the workshop where power-driven machinery was employed, is a “workman” within the protection of the industrial insurance act, where his employer was, in one of its departments, through the operation and control of a workshop employing power-driven machinery, engaged in an extra hazardous employment within the definition of 3 Rem. & Bal. Code, §§ 6604-2 and 6604-3; in view of Id., § 6604-4, including in the particular classes.of industry covered by the act, class 5, under construction work, “carpenter work not otherwise specified,” and class 29, under factories using power-driven machinery “working in wood not otherwise specified;” and in view of the further provision that, if an employer, besides employing workmen in extra hazardous employments, shall. also employ workmen in other employments, the act shall apply only to the extra hazardous departments and employments of workmen emplo