Premier Const. Co. v. Grinstead, 13957.

• Decision Date: 11 March 1930
• Docket Number: No. 13957.,13957.
• Citation: 170 N.E. 561,91 Ind.App. 163
• Parties: PREMIER CONST. CO. v. GRINSTEAD.
• Court: Indiana Appellate Court

91 Ind.App. 163

170 N.E. 561

PREMIER CONST. CO.

v.GRINSTEAD.

No. 13957.

Appellate Court of Indiana, in Banc.

March 11, 1930.

Appeal from Industrial Board.

Proceedings under the Workmen's Compensation Act by Ossie Barbee Grinstead for the death of Thomas Grinstead, her husband, opposed by the Premier Construction Company. From an award of the Industrial Board allowing claimant compensation, employer appeals.

Award reversed, with directions.

Noel, Hickam, Boyd & Armstrong, of Indianapolis, for appellant.

Dudley L. Clarke, Thomas W. Beale, and L. C. Willis, all of Louisville, Ky., Frank Lorch, Jr., of New Albany, and H. E. Hostettler, of Henryville, for appellee.

ENLOE, J.

The appellee herein filed with the Industrial Board her application for an award of compensation, as the wife of one Thomas Grinstead, who she alleged died as the result of injuries sustained by accident while in the employment of appellants.

To this application the employer, appellant, filed a special answer alleging that the Industrial Board of Indiana was without jurisdiction in the matter, for the reason that the accident whereby the said Thomas Grinstead was injured, as shown by said application, occurred at the city of Henderson, in the state of Kentucky, while he was there working for the appellant, and that theretofore the said Grinstead had entered into an agreement with appellant and had made his election to operate and work under the Workmen's Compensation Law of the state of Kentucky, said agreement being as follows: “I hereby agree with Premier Construction Company to accept provisions of Chapter 33, Acts 1916, commonly known as Workmen's Compensation Act.” It was also alleged that said election had never been withdrawn by either the employer or the employee; that said agreement had been entered into in compliance with sections 74, 75, and 76 of the Workmen's Compensation Law of the state of Kentucky (Acts 1916, c. 33); that deceased, at the time of his death was a resident of the state of Kentucky; that he received his said injury while working in the state of Kentucky; and that by reason of the facts the remedy of the appellee was under the laws of the state of Kentucky.

Upon a review, the full Industrial Board, by a majority of its members, awarded compensation to the applicant, and from that award this appeal is prosecuted. The sole question presented is as to the jurisdiction of the Industrial Board of this state. Did it have jurisdiction of the parties and of the subject-matter hereof, so that it was authorized to award compensation in this case?

The evidence, that the appellant had complied with the laws of the state of Kentucky, that it and the deceased had, agreeable to the laws of that state, formally accepted the provisions of that law relative to compensation to be paid to an injured workman, that appellant, conformable to said law, was carrying compensation insurance covering its employees while working in the state of Kentucky, and that it was so operating on the day the said deceased was injured, is not controverted, nor is there any evidence...