Weiser v. Industrial Accident Commission

ANGELLOTTI, C. J.

This was a proceeding in

certiorari

to annul an award of the Industrial Accident Commission in favor of one Alina Waara against both petitioner and the Commonwealth Bonding & Casualty Insurance Company, on account of the death of her husband, Arthur Waara, in so far as said award was against petitioner. After oral argument the court from the bench gave its judgment annulling the award against petitioner, orally stating the grounds of the decision. That such grounds may remain of record, this opinion is filed.

Said Arthur Waara was killed on August 26, 1915, by reason of an accident in the course of his employment by petitioner.

At the time of such accident and death

the petitioner was insured by the Commonwealth Bonding & Casualty Insurance Company, a company then authorized to transact such business in this state, against liability for the full amount of compensation payable or that might become payable under the terms of the Industrial Compensation Act to his widow, Alina Waara, or any other person claiming compensation. In the findings of fact the Industrial Accident Commission found that said insurance company was at the time of said accident and death the insurance carrier for petitioner and had insured him against liability for compensation for such death.

The act provides (section 34) (Stats. 1913, p. 299) that under such circumstances the employer may serve on any person

[540]

claiming compensation and upon the insurance carrier a notice that the carrier has in its policy contract or otherwise assumed and agreed to pay the compensation, if any, for which the employer is liable, and may file a copy of such notice with the commission. It is then provided: “If it shall thereafter appear to the satisfaction of the commission that the insurance carrier has, through the issuance of its contract of insurance or otherwise, assumed such liability for compensation, such employer shall thereupon be relieved from liability for compensation to such claimant and the insurance carrier shall, after notice, be substituted in place of the employer in any proceeding theretofore or thereafter instituted by such person to recover such compensation, and the employer shall be dismissed therefrom.”