Butterfield v. State Indus. Acc. Commission

• Decision Date: 18 March 1924
• Citation: 223 P. 941,111 Or. 149
• Parties: BUTTERFIELD v. STATE INDUSTRIAL ACC. COMMISSION.
• Court: Oregon Supreme Court

223 P. 941

111 Or. 149

BUTTERFIELD v. STATE INDUSTRIAL ACC. COMMISSION.

Supreme Court of Oregon

March 18, 1924

In Bank.

Appeal from Circuit Court, Coos County; John C. Kendall, Judge.

Proceedings under the Workmen's Compensation Act between Hettie Butterfield, for the death of her husband, claimant, and the State Industrial Accident Commission. From a default judgment of the circuit court against the Commission reversing its final action denying compensation, the State appeals. On claimant's motion to dismiss. Motion allowed, and appeal dismissed.

This cause comes on to be heard upon the motion of the respondent Hettie Butterfield, to dismiss the appeal. The husband of the respondent received an injury, while in the employ as a blacksmith of the Coos Bay Lumber Company, resulting in his death. In due time the respondent presented her claim for compensation to the State Industrial Accident Commission. The claim was disallowed, after a hearing, because the injury was not the cause of decedent's death. Thereupon and in due time, the claimant, the respondent here, appealed from the final action of the Commission to the circuit court. No appearance was made on behalf of the Commission in that court. The circuit court reversed the final action of the Commission, and entered judgment by default in favor of the claimant. The Commission has not appealed.

A notice of appeal was seasonably served upon the claimant, in words and figures as follows. to wit:

"In the Circuit Court of the State of Oregon for the County of Coos.

"In the Matter of the Appeal of Hettie Butterfield.

"Notice of Appeal.

"To Hettie Butterfield, Appellant, and to J. W. McInturff Attorney for Appellant:

"You and each of you will please take notice that the state of Oregon, as trustee of the accident fund, hereby appeals to the Supreme Court of the state of Oregon from the whole of that judgment or decree made and rendered herein on or about the 13th day of June, A. D., 1923. I. H. Van Winkle, Attorney General, James West, Assistant Attorney General, Attorneys for State of Oregon, Trustee."

The claimant moves to dismiss the appeal because no appeal has been taken by the State Industrial Accident Commission from the judgment rendered in the court below.

I. H Van Winkle, Atty. Gen., and James West, Asst. Atty. Gen., for the State.

J. W McInturff, of Marshfield, for respondent.

COSHOW J. (after stating the facts as above).

It is the contention of the Attorney General that the State Industrial Accident Commission is an arm of the state, administering the act commonly known as the Workmen's Compensation Act (Or. L. §§ 6605-6659) and that the state is therefore the real party in interest. From these premises he argues, because the state cannot be sued, the Industrial Accident Commission cannot be. The Legislature has provided that the Industrial Accident Commission "in its name may sue and be sued, and shall have a seal which shall bear the name of the Commission." Section 6611, Or. L. The Commission is given other powers exercised by a corporation. Section 6629, Or. L., as amended by Laws 1921, c. 311. It is a creature of the Legislature, and is a body corporate.

This court has held the act creating the Commission to be constitutional. Evanhoff v. Industrial Accident Commission, 78 Or. 503, 154 P. 106. The primary duty of the Commission is to administer the act. Section 6611, Or. L. The exercise of judicial functions is incidental to its primary duty, and the act is not unconstitutional on that account. In re Willow Creek, 74 Or. 592, 144 P. 505 146 P. 475. Nor does the fact that payments from the fund created by the act are to be made by the state treasurer on warrants drawn by the secretary of state render it unconstitutional. Both the secretary of state and the state treasurer are without discretion in regard to that fund. Payments from the fund can be made only upon vouchers transmitted by the Commission. Section 6638, Or. L., as...