Aaa Cab Service Inc. v. Kerri S. Way, Special Fund division/no Insurance Section

OPINION

ECKERSTROM, Presiding Judge.

¶ 1 Petitioner employer AAA Cab Service, Inc. challenges an industrial commission award granting the employee’s widow, respondent Kem Way, leave to withdraw her claim for workers’ compensation benefits and pursue a civil cause of action against AAA. Because Way never accepted compensation from the industrial commission, as required to waive her right to pursue a remedy in court, we find no error and affirm the award.

¶ 2 Way’s husband died while working as a taxicab driver for AAA. She filed a wrongful death action in superior court and, a month later, filed…