Coffin v. Bloodworth

DORAN, J.

This is an appeal by defendants in an action for damages. The plaintiff and respondent, while in the employ of appellants, undertook to replace an electric light bulb on the roof of appellants ’ service station^ and while doing so fell to the ground, a distance of about sixteen feet. Certain injuries sustained as a result of the fall, together with the alleged negligence of appellants, are the basis of the action herein.

Appellants at the time of the accident had neither compensation insurance nor a “certificate of consent to self-insure” from the Industrial Accident Commission, as provided by the workmen’s compensation laws. Plaintiff recovered judgment, from which defendants appeal.

It is contended by appellants that the superior court was without jurisdiction to try the case because compensation had been fully paid at the time of the bringing of the suit. Such contention is based on the fact that appellants fully compensated plaintiff for hospital and doctor bills and for all medical and surgical treatment required as a result of the accident, as well as for wages in full during total disability and for wages in part during partial disability, which it is pointed out by appellants more than meets the requirements of the Workmen’s Compensation Act. It is argued in that connection that:

“Jurisdiction of the superior court to try claims of an employee against his employer for damages

arises only when the compensation is unsecured

and that compensation must be

unsecured

at the time the action is filed, since the jurisdiction

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of a court is acquired when the complaint is filed. (See Code Civ. Proc., sec. 416.)

“It is, therefore, respectfully submitted that, although at the time the respondent was injured, his compensation was at that time unsecured, nevertheless it was paid in full before the action in the superior court was filed, and the need for it

being secured