Anaconda Co. v. District Court of the Second Judicial District

MR. JUSTICES DALY and HASWELL,

(dissenting):

We dissent.

The majority opinion sets forth section 92-1308, R.C.M.1947 of the Occupational Disease Act and section 92-204, R.C.M. 1947 of the Workmen's Compensation Act in their own language and establishes that employees who elect to come under the Act and qualify to receive benefits under the Act have no action at law against their employer. The language of section 92-1308, R.C.M.1947, uses the words: “The right to recover compensation pursuant to the provisions of this act for occupational diseases * * which in itself is a clear indication that…