Beels v. Department of Labor and Industries of State of Washington, 25067.

• Decision Date: 23 July 1934
• Docket Number: 25067.
• Citation: 178 Wash. 301,34 P.2d 917
• Court: Washington Supreme Court
• Parties: BEELS v. DEPARTMENT OF LABOR AND INDUSTRIES OF STATE OF WASHINGTON.

34 P.2d 917

178 Wash. 301

BEELS v. DEPARTMENT OF LABOR AND INDUSTRIES OF STATE OF WASHINGTON.

No. 25067.

Supreme Court of Washington

July 23, 1934

Department 1.

Appeal from Superior Court, Clallam County; John M. Ralston, Judge.

Proceeding under the Workmen's Compensation Act by Ida Beels, widow. From a judgment of the superior court awarding compensation the Department of Labor and Industries of the State of Washington appeals.

Affirmed.

G. W Hamilton and Browder Brown, both of Olympia, for appellant.

John C Richards, of Everett, for respondent.

MILLARD Justice.

Walter Beels, a deputy sheriff of Clallam county, died January 14 1933, as the result of an injury sustained by him December 31, 1931, in the course of his employment as a county peace officer. No application was ever made to the department of labor and industries by or on behalf of Beels for compensation under the Workmen's Compensation Act. No report, other than that filed by the widow, of the accident was made to the department. On or about March 1, 1933, which was less than two months subsequent to the date of Beels' death, and more than one year after the date upon which the injury occurred, the widow of the injured workman made application to the department (on a form supplied by it for reports of accidents) for compensation. That claim, so far as material, reads as follows:

'Report of Accident

'Firm or Employer's Name Sheriff E. O. Norton.

'Address Port Angeles, Wash. Clallam County.

'Name of Injured Workman Walter Beels.

'How long engaged in present occupation Started work June 1, 1931, passed away Jan. 14, 1933.

'Place of birth Jesup, Iowa. Age 48 Wage per day $150 month time of accident.

'Date accident occurred Dec. 31, 1931.

'Give date you quit work on account of accident Went to hospital Dec. 29, 1932.

'Describe the accident in full: Injured Dec. 31, 1931. 9 miles east of Port Angeles, getting a still out. Located in deep canyon. Injured taking still out. Spit blood till death. * * *

'Give name of attending physician Dr. W. M. Davidson.

'Give full name and address of your wife or husband Mrs. Ida Beels (wife) Everett, Wash., Beverly Park. * * *

'Name your children under 16 supported by you. [No children listed.]

'Signed this 27th day of February, 1933, at Everett, Washington.

'Workman making claim sign full name here Mrs. Ida Beels, wife of Walter Beels. * * *

'Employer must complete this report by filling in and signing employer's section below. Then mail report to Department of Labor and Industries, Olympia, Washington.

'Name of Employer Clallam County. * * *

'Location of plant or place of work where accident occurred Nine miles east Port Angeles in deep canyon.

'Business of employer Sheriff Dept.

'Give Industrial Insurance class for this claim Deputy Sheriff. * * *

'Name of Injured Workman Walter Beels. * * *

'Date of accident Dec. 31, 1931. Date quit work Dec. 29, 1932.

'Date returned to work Died. Was workman engaged in the regular course of his employment when injured? Yes. Occupation of workman Deputy Sheriff. * * *

'Report how accident occurred Strain from fall, while climbing hill out of deep canyon after dismantling Moonshine Whiskey still.

'Signed this day of Feb. 27, 1933.

'E. O. Norton,

'Sheriff Clallam County.

'Describe in full the parts injured * * * Myocarditis, Endocarditis, Eurysm.

'Is present disability result of above injury Yes.

'Give treatment used Rest in bed, digitalization.

'Name and address of hospital to which patient was taken Davidson & Hay Hospital.

'Estimate duration of disability Deceased Jan 15/33. * * *

'[Signed] W. M. Davidson, M. D.

'Attending Physician.

'Port Angeles, Wn.

'Date Feb. 21/33.'

An investigation of the claim by the department resulted in the entry of an order March 21, 1933, by the supervisor of the department that the claim 'has been unfavorably suspended for the reason that a claim was not filed within one year from the date of the alleged injury.' On April 21, 1933, the claimant applied for rehearing Before the joint board of the department '* * * for the following reasons, to-wit:

'1. That said decision is unjust and unlawful.

'2. That said Ida Beels, the widow of said Walter Beels, and the beneficiary of said Walter Beels, filed her claim under the statute within one year after the death of said Walter Beels, deceased, when her said claim accrued.'

On April 24, 1933, three days after receipt of claimant's application for rehearing, the joint board entered an order reversing the action of the supervisor but rejecting the claim 'upon the grounds that the same is unauthorized by law.' That order, which reads as follows, recited that the joint board found that the 'Report of Accident' filed by Mrs. Beels 'constituted a claim by said widow':

'The above claim coming Before the Joint Board in Executive Session this date following careful review of all records containing all the proofs on file together with transcript of testimony as taken at hearing on None

'It was found that: This matter comes Before the Joint Board upon the application of the claimant to review the order of the Supervisor, unfavorably suspending the claim of Mrs. Ida Beels, widow of deceased workman, Walter Beels, upon the grounds that the same was not filed within one year from the date of alleged injury.

'That a review of the claim file reveals that on February 27, 1933, a claim was filed by Mrs. Ida Beels upon workman's report of accident form, reciting that on December 31, 1931, her husband had been injured while a deputy sheriff and that he went to the hospital on December 29, 1932, and died January 14, 1933; that the employer, the Clallam County certified the claimant strained himself on December 31, 1931; that no claim was filed by deceased, Walter Beels, within one year following the injury of December 31, 1931, or at any time prior to his death; that by reason thereof the statute of limitations has operated against the right of the deceased workman to file a claim and his surviving widow, Mrs. Ida Beels, has no right to file a claim for compensation because of the death of her husband as aforesaid;

'That the workman's report of accident as filed by the widow on February 27, 1933, constitutes a claim by said widow. And therefore ordered that the action of the Supervisor in unfavorably suspending said claim be reversed for the reason that claim was filed by said widow but that said claim for compensation by the widow be rejected upon the grounds that the same is unauthorized by law.'

That is to say, the joint board reversed the order of the supervisor suspending the claim of the widow 'upon the grounds that the same was not filed within one year from the date of alleged injury.' The joint board found that the workman's report of accident as filed by the widow 'constitutes a claim by said widow,' but that by reason of the failure of the deceased to file his claim within one year following the date of his injury, 'or at any time prior to his death,' the widow of the deceased 'has no right to file a claim for compensation because of the death of her husband.'

Trial in the superior court, on claimant's appeal thereto from the above-quoted order, resulted in judgment awarding to the claimant the compensation to which she, as widow of the workman, is entitled under Rem. Rev. Stat. § 7679.

Counsel for the department argue that, as the claim filed by the respondent was made on a form used only by workmen seeking payment for time loss or disability compensation, and as proof of death and proof of relationship were not filed with the claim as the statute...