Claim of McKee v. White

Claimant was injured on the 18th day of September, 1922. He claimed he received his injury by reason of the negligence of a third party. He filed an election to pursue his remedy against this third party and began the action. The case was regularly on the calendar for trial, but, no one appearing for the plaintiff, on May 14, 1925, the action was dismissed for default. Claimant then pressed his claim before the Industrial Board and the award appealed from was made on February 19, 1926, with findings made on June 25, 1926.

By reason of claimant’s election to sue the third party and failure to…