State v. Clifford
Decision Date | 03 June 1924 |
Docket Number | 18547. |
Citation | 130 Wash. 103,226 P. 272 |
Parties | STATE ex rel. HAWKSWORTH v. CLIFFORD et al., Department of Labor and Industry. |
Court | Washington Supreme Court |
Department 2.
Application for writ of mandamus by the State of Washington, on relation of Alice M. Hawksworth, against Edward Clifford, and others as the Department of Labor and Industry. Writ denied.
J. L Corrigan, of Seattle, for relator.
John H Dunbar and M. H. Wight, both of Olympia, for respondents.
This matter is here upon application for a writ of mandamus. George Hawksworth, the husband of relator, was killed on July 9, 1923, while engaged in extrahazardous work in this state. Thereafter his widow applied for compensation under our workmen's compensation act. The department allowed her 50 per cent. of the compensation which would ordinarily be allowed under the act to a resident of the state. At the time of his death both Mr. Hawksworth and the relator, his widow, were subjects of Great Britain and residents of Vancouver, B. C.
Section 7684, Rem. Comp. Stat., being a part of the Workmen's Compensation Act, says:
'Except as otherwise provided by treaty, whenever under the provisions of this act, compensation is payable to a beneficiary or dependent who is an alien not residing in the United States, the commission [now department] shall pay fifty per centum of the compensation herein otherwise provided to such beneficiary or dependent.'
During the month of August, 1923, the department acted upon relator's claim in the manner above indicated, and at once notified her of its determination. She did not appeal from the decision, but during February, 1924, made application for a writ which would require payment of the whole amount. The state contends that the writ cannot be issued, first, because relator's remedy was by appeal and, second, because the application for the writ has not been diligently made.
We think this position must be sustained. Section 7697, Rem. Comp. Stat., being a part of the Workmen's Compensation Act, provides that, whenever any person shall feel himself aggrieved because of any determination or decision of the department of labor and industry, he may have such decision In her petition relator alleges that under a treaty between Great Britain and the United States 'she is entitled to receive from said workmen's compensation fund of the state of Washington the same amounts as would by the terms of the said act be payable to her if she were a citizen of the United States and a resident therein. * * *' It is plain to us that the error about which relator...
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Senior Citizens League v. Department of Social Sec. of Wash.
...in the workmen's compensation act by filing applications for writs of mandate in the supreme court. These are State ex rel. Hawksworth v. Clifford, 130 Wash. 103, 226 P. 272; and State ex rel. Burkhard v. Superior Court, 11 Wash.2d 600, 120 P.2d 477. There was no question but that the griev......
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...for an appeal.” State ex rel. Von Herberg v. Superior Court, 6 Wash.2d 615, 618, 108 P.2d 826 (1940) (citing State ex rel. Hawksworth v. Clifford, 130 Wash. 103, 226 P. 272 (1924)). Lakewood argues that the writ application was untimely because it was filed after the period for appealing it......