Lidke v. Brandt
| Decision Date | 06 July 1944 |
| Docket Number | 29342. |
| Citation | 21 Wn.2d 137,150 P.2d 399 |
| Court | Washington Supreme Court |
| Parties | LIDKE v. BRANDT et al. |
Department 2.
Proceedings by Dora E. Lidke to recover a pension, opposed by Julius C Brandt and others, copartners doing business under the trade-name of Brandt Bros. & Co., employers, and the Department of Labor and Industries, State of Washington surety. From an order of superior court dismissing an attempted appeal from an order of the joint board of the Department of Labor and Industry sustaining the action of the supervisor of industrial insurance in denying claim for pension, the claimant appeals.
Order of dismissal affirmed.
Appeal from Superior Court, Spokane County; Fred H. Witt, judge.
Thomas Corkery and H. Earl Davis, both of Spokane for appellant.
Smith Troy and L. E. O'Neill, both of Olympia, and Edward J Reilly and R. W. Nuzum, both of Spokane, for respondents.
Claimant attempted to appeal to the Superior Court of Spokane County from an order of the Joint Board of the Department of Labor and Industries sustaining the action of the Supervisor of Industrial Insurance in denying her claim for pension. She served notice of appeal on Ralph E. Carlson, who was assistant supervisor in charge of the department's Spokane office. The notice was filed with the clerk of the superior court, and the cause was set down for trial. Thereafter, counsel for claimant and an assistant attorney general entered into a stipulation vacating the setting and agreeing that the 'cause may be re-set for trial during the next succeeding jury term * * * without any further notice.'
Before trial the department interposed a motion to dismiss the appeal on the ground that the service of the notice of appeal was abortive and insufficient to invoke the jurisdiction of the superior court. The motion was granted; and, from an order of dismissal, claimant appeals to this court.
By the express terms of the Industrial Insurance Act, 'all jurisdiction of the courts of the state * * * are * * * abolished, except as in [the] act provided.' Rem.Rev.Stat. § 7673. Jurisdiction of the superior court is limited to review of the departmental proceedings upon appeal from orders of the Joint Board. Rem. Rev. Stat. § 7697. In other to confer jurisdiction however, 'Such appeal shall be perfected by filing with the clerk of the court a notice of appeal and by serving a copy thereof by mail, or personally, on the director of labor and industries.' § 7697.
It is apparent that the notice served by the claimant on the assistant supervisor at Spokane does not meet the requirements of this provision. By implication, at least, counsel for claimant concede this. For they argue that an officer may delegate ministerial duties to deputies; and that the acceptance of notice of appeal is merely a ministerial act. As a general proposition the contention is sound. But to apply it to the provision under consideration would effectually read the word 'personally' out of the statute. That word can refer to no one but the director himself.
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Boudreaux v. Weyerhaeuser Co.
...of action and eliminating original subject matter jurisdiction.9 Related to this assertion, the court cited two cases, Lidke v. Brandt, 21 Wash.2d 137, 150 P.2d 399 (1944), and Dougherty v. Dep’t of Labor & Indus., 150 Wash.2d 310, 76 P.3d 1183 (2003). Neither of these decisions resolved is......
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Dougherty v. DEPT. OF LABOR & INDUSTRIES
...P.2d 1181 (1974) (superior court acting in appellate capacity has only such jurisdiction as is conferred by law); Lidke v. Brandt, 21 Wash.2d 137, 139, 150 P.2d 399 (1944) (under Industrial Insurance Act, superior court is a court of limited, statutory jurisdiction, and must show affirmativ......
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State v. Posey
...effectively modified the role of the superior courts over such claims. See Laws of 1911, ch. 74; see also Lidke v. Brandt, 21 Wash.2d 137, 139, 150 P.2d 399 (1944); Dougherty v. Dep't of Labor & Indus., 150 Wash.2d 310, 314, 76 P.3d 1183 (2003).B. Juvenile Court Jurisdiction ¶ 13 The State ......
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Black v. Department of Labor and Industries of the State of Wash.
...is barren on the issue of whether actual notice was received, nor does any party assert it was.6 The Department cites Lidke v. Brandt, 21 Wash.2d 137, 150 P.2d 399 (1944); Smith v. Department of Labor & Indus., 23 Wash.App. 516, 518, 596 P.2d 296 (1979), review denied, 92 Wash.2d 1013 (1979......