Rogulj v. Alaska Gastineau Min. Co.
| Decision Date | 02 April 1923 |
| Docket Number | 3942. |
| Citation | 288 F. 549 |
| Parties | ROGULJ v. ALASKA GASTINEAU MINING CO. |
| Court | U.S. Court of Appeals — Ninth Circuit |
J. H Cobb, of Juneau, Alaska, for appellant.
H. L Faulkner, of Juneau, Alaska (W. S. Bayless, of San Francisco Cal., of counsel), for appellee.
Before GILBERT and RUDKIN, Circuit Judges, and WOLVERTON, District Judge.
The Workmen's Compensation Act of Alaska (Laws 1915, p. 146) provides that every employee coming within its provisions shall, at the time he is employed, or thereafter, furnish his employer with a written statement showing the name or names of each and all persons entitled to benefits under the provisions of the act, in case of his death as the result of an injury received by him arising out of and in the course of his employment. A change of beneficiaries, and a change of address of beneficiaries is likewise provided for. When this statement has been furnished, if the employee dies as the result of an injury received by him arising out of and in the course of his employment, the employer must, within 10 days thereafter, notify each beneficiary named in the last statement of that fact by registered mail at the last address given. The form of notice is prescribed. Within 120 days from and after the death of the employee the beneficiary must serve a written notice on the employer containing the name and address of the beneficiary, the relationship existing between the beneficiary and the deceased, and if the beneficiary is the father or mother of the deceased, the notice shall contain a further statement showing that such person was dependent upon the earnings of the deceased. With certain exceptions, not material here, the act further provides that no action or other proceeding shall be brought or maintained, nor shall any claim for such compensation be filed or allowed unless such notice shall have been served in the manner and within the time specified.
The present action was commenced by a stepmother, living in Austria, to recover compensation for the death of a stepson while in the employ of the defendant in the territory of Alaska. The answer of the defendant set forth the furnishing of the written statement and the designation of the beneficiary by the deceased, the giving of notice of death to the beneficiary within the time and in the manner prescribed by law, and the failure of the beneficiary to serve notice of her claim within the time limited by law, or at all. The reply sought to excuse the failure to serve notice of claim because of war conditions in Europe, and alleged that the defendant had waived the notice and was estopped to insist upon it because of certain representations and promises made by the defendant to a brother of the deceased. The court sustained a demurrer to the affirmative reply, and at the close of the testimony directed a verdict for the defendant.
The right of action created by the Alaska act is wholly statutory, and must be accepted with all the conditions and limitations imposed by law. The service of notice of claim upon the employer within 120...
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Schrabauer v. Schneider Engraving Product
...failed to comply with section 38, and in consequence had no right to maintain any proceedings under the Compensation Act. Rogulj v. Mining Co., 288 F. 549; Ohio Oil Co. Ind. Comm., 127 N.E. 743; Ridge Coal Co. v. Ind. Comm., 131 N.E. 637, 298 Ill. 532; Beech v. Keicher, 289 S.D. 519 (Tenn.)......
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Horse Creek Conservation District v. Lincoln Land Co., 1983
... ... 199; Hilty v. Company, 82 ... F.2d 77 (9th Cir.); Rogulj v. Mining Company, 288 F ... 549 (9th Circuit). Failure to file the ... ...
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Seckman v. Wyo-Ben, Inc.
...requirement of the timely filing of the claim is a condition precedent to the granting of an award. See Rogulj v. Alaska Gastineau Mining Company, 288 F. 549 (9th Cir.1923); London Guarantee & Accident Company v. Industrial Commission, 83 Colo. 252, 263 P. 405 (1928). See also Annotation, W......
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Pine v. State Industrial Commission
...time. Pine v. State Indus. Com. (1924) 107 Okl. 40 United States Circuit Court of Appeals (9th) Rogulj v. Alaska Gastineau Mining Co. (1923) 288 F. 549, 550, "The right of action created by the Alaska Act is wholly statutory, and must be accepted with all the conditions and limitations impo......