Barnes v. Bituminous Casualty Corporation

REYNOLDS, Justice.

Summary judgment requires this appellate review. Suit was filed in the district court to recover from the workmen’s compensation insurance carrier the injured employee’s dental expenses allegedly payable by the insurance carrier under an Industrial Accident Board approved compromise settlement agreement. The insurance carrier moved for summary judgment on the grounds that the district court was without jurisdiction since the claim had not been presented to and passed upon by the Board or, alternatively, that the expense had been compromised and settled. The court granted the…