L. E. Marks Co. v. Moore
| Decision Date | 27 October 1933 |
| Citation | 251 Ky. 63,64 S.W.2d 426 |
| Parties | L. E. MARKS CO. v. MOORE. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Green County.
Proceeding under the Workmen's Compensation Act by Dwight Moore employee, opposed by the L. E. Marks Company, employer. The Workmen's Compensation Board dismissed the claim, and the circuit court reversed the award, with directions, and the employer appeals.
Affirmed.
Andrew W. Nichols, of Bardstown, for appellant.
Noggle & Graham, of Greensburg, for appellee.
The appellee, having received an injury in the course of and arising out of his employment with the appellant, made application before the Workmen's Compensation Board for the adjustment of an asserted claim for compensation. The board held that the employer had not elected to operate under the Compensation Act, and dismissed the appellee's claim. On an appeal to the circuit court, it ruled that the employer either had elected to operate under the Workmen's Compensation Act or was estopped to deny that he had so elected, and since it was admitted that the appellee had elected to operate under the act, the award of the Compensation Board was reversed and that board was ordered to ascertain the extent of the injuries of appellee and the amount of compensation due him for the same. From this judgment of the circuit court, this appeal is prosecuted.
The facts are not in dispute. It appears that the appellant having a subcontract on a road project, began getting rock out of a quarry for it and employed the appellee to work in this quarry. At the time appellant got his contract, he went to his insurance agent in Bardstown and asked him to secure for him a policy of insurance carrying his workmen's compensation liability on this job. This the insurance agent agreed to do. At the same time the insurance agent had the appellant fill out and sign the necessary papers to be filed with the Workmen's Compensation Board in order to effect the election of an employer to operate under the Workmen's Compensation Act. Section 4956, Kentucky Statutes. The appellant left the office under the impression that he had done all that he was required to do in order to be operating under our Compensation Act. The agent had great difficulty in procuring an insurance company to carry the risk, and, indeed, did not do so until after appellee suffered the injury for which he herein seeks compensation. While the agent was attempting to get a policy for appellant he did not file with the Compensation Board appellant's notice of election to operate under the act, nor did the agent do so until after appellee had been hurt. Appellee had been working for appellant about 2 or 3 days when appellant's foreman brought a book around and asked appellee to sign it, which he did. The foreman told him at the time that if he did not sign he would not recover for injuries. The appellee testifies that when the foreman got him to sign this book, he was thus led to believe that he was insured. This book was the register in which employees by signing made their election to operate under the act. A day or so after the appellee had signed the register, he received the injuries which are the subject-matter of this litigation.
The lower court's judgment cannot be sustained on the ground that the...
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