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eBook details

• Title: Williams v. Anaconda Copper Min. Co.
• Author : Supreme Court of Montana
• Release Date : January 02, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Workmens Compensation ? Time for Filing Claim ? Statute Mandatory ? "Waiver" ? "Estoppel" ? Failure to File Claim Within Time ? Assertion That Employers Failure to File Answer Constitutes Waiver of Defense Without Merit. Workmens Compensation ? Time for Filing Claim ? Statute Mandatory. 1. Compliance with the provision of section 2899, Revised Codes 1921, requiring an injured workman seeking compensation under the Workmens Compensation Act to present his claim within six months from the date of the happening of the accident, is indispensable to the existence of the right to maintain proceedings to compel payment. Appeal and Error ? How Opinions of Supreme Court Cited as Authority to be Read. 2. General expressions used in opinions of the supreme court cited in support of counsels contentions must be taken in connection with the particular case in which used. "Waiver" ? "Estoppel" ? Differentiation ? Waiver not Estoppel. 3. "Waiver" and "estoppel" are not interchangeable terms, although they are sometimes interrelated, and one may be said to waive his rights by estoppel as where the waiver causes a change of position on the part of one relying on such waiver; however, a waiver which arises when one renounces a right or ratifies what he might repudiate is not an estoppel. Workmens Compensation ? Rules of Procedure of Industrial Accident Board ? Judicial Notice. 4. The supreme court cannot take judicial notice of the rules of procedure of the Industrial Accident Board in passing upon claims of injured workmen under the Workmens Compensation Law; hence in the absence of a showing that it had adopted such rules, it cannot say that it was incumbent upon defendant employer, in order to oppose claimants demand, to file an answer. Same ? Functions of Industrial Accident Board ? Procedure ? Technical Matters to be Disregarded. 5. Under section 2938, Revised Codes 1921, the primary function of the Industrial Accident Board is to ascertain the material facts relating to an accident for which compensation is claimed by the injured workman, disregarding the niceties of ordinary court procedure. Same ? Procedure ? Failure of Employer to File Answer, Where Claim not Filed ? Assertion That Defense Waived Without Merit. 6. Where claimant for compensation did not file his claim within the time required by section 2899, supra, defendant employer was - Page 205 not required to file an answer or state a defense orally before the Industrial Accident Board, and therefore claimants assertion that by such failure the employer waived its right to make defense has no merit. Same ? Waiver of Defense Matter of Intention ? Absence of Evidence of Intention to Waive Renders Claim of Waiver Ineffective. 7. Waiver must be manifested in some unequivocal manner and must in all cases be intentional; hence where the record on appeal in a cause arising under the Workmens Compensation Act, instead of showing an intention to waive any defense, contained evidence indicating the contrary, the claim of waiver lacked the fundamental basis of intention.

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