Ashe v. Barnes

The appellant poses these questions: (1) When the employee, Ashe, elected to accept the insurance policy provided for him by his employer, Barnes, did he not elect thereby to exempt himself from the provisions of our Workmen’s Compensation Act? (2) When the employee, Ashe, accepted benefits under the Nationwide policy and which he continues to do, did he not thereby estop himself from claiming under the provisions of our Workmen’s Compensation Act? In our opinion, both of these questions must be answered in the negative.

It appears from the evidence offered by the employer before the hearing…