(Download) "Weathersby Chevrolet Co., Inc. v. Redd Pest Control Co., Inc." by Mississippi Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: Weathersby Chevrolet Co., Inc. v. Redd Pest Control Co., Inc.
- Author : Mississippi Supreme Court
- Release Date : January 01, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Workmens Compensation — Compensation Act Held Applicable to Injuries Sustained in Construction Work on Road Extending from Point in State to Point in Glacier National Park — National Forest Service not Public Corporation Within Meaning of Act — Mandamus. Had State Right to Cede Jurisdiction Over Territory Embraced Within Glacier National Park to United States? 1. Quaere: Had the state the right to cede jurisdiction over the territory embraced within the Glacier National Park to the Page 192 United States to the extent it did cede it by Chapter 33, Laws of 1911 (sec. 22, Rev. Codes 1921)? Workmens Compensation Act — National Forest Service not Public Corporation Within Meaning of Act. 2. The National Forest Service is not a public corporation within the meaning of the Workmens Compensation Act (sec. 2840, Rev. Codes 1921), providing that where a public corporation is the employer, or any contractor doing contract work for such corporation, the provisions of compensation plan No. 3 shall be exclusive and compulsory upon employer and employee. Same — When Workman Injured Within Borders of Glacier National Park While Employed on Road Extending from Point in State into Park Entitled to Compensation. 3. Held, on mandamus, under the general rule that in the absence of a provision to the contrary, Workmens Compensation Acts apply to injuries to workmen employed in the state when suffered while temporarily outside of its borders, that, in view of the specific provision that the Montana Act shall be liberally construed and the non-presence of a declaration against extraterritorial operation in a proper case, where an employee of a contractor engaged in the construction of a road for the National Forest Service extending from a point in Montana into the Glacier National Park, the territory embraced in which had been ceded to the federal government for certain purposes, was injured during the course of his employment within the borders of the Park, he was entitled to compensation, the contract of employment having been made in the state between residents thereof, they electing to be bound by plan 3 of the Compensation Act, the provisions of which entered into and became part of their contract; and that the Industrial Accident Board erred in declining to exercise jurisdiction over the claim. Same — Operation of Act Without Limits of State. 4. The provision of section 2847, Revised Codes 1921, that the Workmens Compensation Act shall apply "to all inherently hazardous works and occupation within this state," held not necessarily to exclude its operation beyond the limits of the state where the employee meets with an accidental injury, while furthering his employers business localized in Montana, after passing over the state line. Same — When Mandamus Lies to Compel Industrial Accident Board to Assume Jurisdiction of Claim for Compensation. 5. Mandamus lies to compel the Industrial Accident Board to assume jurisdiction of an application for compensation under the Workmens Compensation Act where it erroneously decides the preliminary question of law whether it shall or shall not assume jurisdiction, and declines to act. Page 193