Legal Opinion

Menominee Bay Shore Lumber Co. v. Industrial Commission

Wisconsin Supreme Court

Decided February 1, 1916PublishedCited by 6 opinions

Appeal from a judgment of tbe circuit court for Dane •county: E. Ray Stevens, Circuit Judge. Action to set aside an award made by tbe defendant Commission in favor of defendant Schmidt. Defendant Schmidt, a minor eighteen years of age, while in the employ of plaintiff, on the 26th day of January, 1914, fell off a lumber pile and was injured. The provisions of the Workmen’s Compensation Act applied to the matter.

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Appeal from a judgment of tbe circuit court for Dane •county: E. Ray Stevens, Circuit Judge. Action to set aside an award made by tbe defendant Commission in favor of defendant Schmidt. Defendant Schmidt, a minor eighteen years of age, while in the employ of plaintiff, on the 26th day of January, 1914, fell off a lumber pile and was injured. The provisions of the Workmen’s Compensation Act applied to the matter. The accident was duly reported to the Industrial Commission, and the age of the injured person stated. He was paid some compensation and later made an agreement in writing with…

1Opinion of the CourtMaeshall, J.

Tbe Industrial Commission is not a court. It is an administrative body, merely. No authority is cited to our attention, and we are unable to find any, that a guardian is jurisdictionally essential to proceedings in behalf of a minor by such a body, in the absence of a statute requiring it. The Workmen’s Compensation Act makes no such requirement. It seems to contemplate that a minor,- the same as an adult, may make application to the Industrial Commission to determine the compensation which should be awarded in case of his receiving a personal injury under such circumstances as to warrant a…

2Cases cited1 opinion

  1. Foth v. Macomber & Whyte Rope Co.Wisconsin Supreme Court · 1915

3Cited by6 opinions

  1. Asbury Hospital v. Cass CountyNorth Dakota Supreme Court · 1943
  2. Ortega v. Salt Lake Wet Wash LaundryUtah Supreme Court · 1945
  3. United States Fidelity & Guaranty Co. v. CruceSupreme Court of Oklahoma · 1928
  4. Curt v. Industrial CommissionWisconsin Supreme Court · 1937
  5. Hotel Martin Co. v. Industrial CommissionWisconsin Supreme Court · 1923

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