Legal Opinion

Noer v. G. W. Jones Lumber Co.

Wisconsin Supreme Court

Decided January 13, 1920PublishedCited by 19 opinions

Appeal from a judgment of the circuit court for Forest county: W. B. Quinlan, Circuit Judge. This, action was begun in justice’s court to recover the value of physician’s services. Upon appeal to the circuit court judgment was rendered in favor of the plaintiff, from which judgment this appeal was taken. Appellant is under the provisions of the workmen’s compensation act.

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Appeal from a judgment of the circuit court for Forest county: W. B. Quinlan, Circuit Judge. This, action was begun in justice’s court to recover the value of physician’s services. Upon appeal to the circuit court judgment was rendered in favor of the plaintiff, from which judgment this appeal was taken. Appellant is under the provisions of the workmen’s compensation act. The respondent is a physician and surgeon at Wabeno, Wisconsin, and owns and operates a hospital in connection with his practice. Prior to September 1, 1917, at which time sub. 3, sec. 2394 — 15, Stats, (ch. 624, Laws 1917),…

1Opinion of the CourtOwen, J.

It seems to be appellant’s contention that, because it and its employees were subject to the provisions of the workmen’s compensation act, the industrial commission has exclusive jurisdiction (subject to the judicial review provided for in the act), to pass upon the reasonableness of plaintiff’s charges and to fix and determine the reasonable value of plaintiff’s services rendered to the injured employee, for which appellant was liable only by virtue of the provisions of the workmen’s compensation act, and that the court has no jurisdiction of the action. Reference is made to the provisions…

2Cases cited1 opinion

  1. City of Milwaukee v. MillerWisconsin Supreme Court · 1913

3Cited by19 opinions

  1. Wilson Drilling Co. v. BeyerSupreme Court of Oklahoma · 1929
  2. Gister v. American Family Mutual InsuranceWisconsin Supreme Court · 2012
  3. Johnson v. Armstrong & ArmstrongNew Mexico Supreme Court · 1937
  4. Porter v. Industrial CommissionWisconsin Supreme Court · 1921
  5. Weinreb v. Harlem Bakery & Lunch Room, Inc.Appellate Division of the Supreme Court of the State of New York · 1923

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