Van Koten v. State Industrial Accident Commission
Oregon Supreme Court
From Marion: George G. Bingham, Judge. Department 1. This is an appeal by the State Industrial Accident Commission from the judgment of the Circuit Court reversing the findings and final action of the Industrial Accident Commission disallowing the claim of George Van Koten for compensation for injuries received while working on the repair of a rock-crusher. The findings and final action of the commission are expressed as follows: “First.
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From Marion: George G. Bingham, Judge. Department 1. This is an appeal by the State Industrial Accident Commission from the judgment of the Circuit Court reversing the findings and final action of the Industrial Accident Commission disallowing the claim of George Van Koten for compensation for injuries received while working on the repair of a rock-crusher. The findings and final action of the commission are expressed as follows: “First. That the employer recited in the claim was subject to the Workmen’s Compensation Law at the time of the injury complained of, hut that the claimant at the…
1Opinion of the CourtCoshow, J.
1. We will consider the case along the lines suggested by the Attorney General. We understand that the question of jurisdiction raised by the Attorney General is based exclusively upon his contention that the work, in which the claimant was engaged at the time he received the injury, is not defined by the statute as hazardous. There is no doubt that the workman was engaged in work on a stone-crusher in a quarry. The list of hazardous occupations in Section 6617, Or. L., includes stone-crushing as a hazardous occupation, and in subdivision (1) the said section closes with this language:
“And…
2Cases cited10 opinions
- Western Indemnity Co. v. PillsburyCalifornia Supreme Court · 1916
- Galvin v. Brown & McCabeOregon Supreme Court · 1909
- Stark v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Farrin v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Grant v. State Industrial Accident CommissionOregon Supreme Court · 1921
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3Cited by2 opinions
- Vient v. State Industrial Accident CommissionOregon Supreme Court · 1927
- Stout v. State Industrial Accident CommissionOregon Supreme Court · 1943