Bakker v. Baza'r, Inc.

The majority has approved a procedure under which an employer covered by the Workmen’s Com*257pensation Act may deny a claim by an employee under that Act, gamble upon the outcome of an action by the employee for damages and wait until after both the verdict and judgment in that action before asserting, by "Supplemental Answer,” the contention that the employee was, after all, covered by the Act and entitled to its benefits. To the plaintiff, as a lay person, stripped of the benefits of a jury verdict won after a fair trial, this must indeed appear to be a technical outrage, particularly when the…