Ramsay v. Department of Labor & Industries

218 P.2d 765, 36 Wash. 2d 410, 1950 Wash. LEXIS 308
CourtWashington Supreme Court
DecidedMay 17, 1950
Docket31329
StatusPublished
Cited by5 cases

This text of 218 P.2d 765 (Ramsay v. Department of Labor & Industries) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ramsay v. Department of Labor & Industries, 218 P.2d 765, 36 Wash. 2d 410, 1950 Wash. LEXIS 308 (Wash. 1950).

Opinions

Hamley, J.

The above-entitled cases were, by stipulation, consolidated for trial in the superior court. They have been, by stipulation and order of the chief justice, consolidated for hearing in this court.

[411]*411Late in 1932 or early in 1933, Robert H. Ramsay suffered industrial injuries while engaged in extrahazardous work in Spokane. The department of labor and industries approved his claim for compensation and classified him as totally and permanently disabled. On July 11, 1934, the department awarded him a lump sum settlement of seven hundred fifty dollars in lieu of his monthly pension, which award he accepted. On February 22,1936, Mr. Ramsay died. In November, 1948, his widow, Minnie M. Ramsay, petitioned the department for payment to her of the difference between this seven hundred fifty dollars and the four thousand dollars to which, she claims in her petition, her husband was entitled under this court’s decisions in Booth v. Department of Labor & Industries, 189 Wash. 201, 64 P. (2d) 505, and Wintermute v. Department of Labor & Industries, 183 Wash. 169, 48 P. (2d) 627.

On November 28, 1932, Henry Buhrig suffered an industrial injury while engaged in extrahazardous work in Spokane. His claim for compensation was approved by the department and he was classified as temporarily totally disabled. He was paid time loss from December 2, 1932, to October 1, 1935. On October 10, 1935, upon petition of the workman, he was reclassified as totally and permanently disabled and awarded a lump sum settlement of fifteen hundred dollars in lieu of a monthly pension. On February 20, 1945, Mr. Buhrig died. On May 5, 1948, his widow, who had remarried on July 7, 1945, filed with the department a petition similar to that which was later filed on behalf of Mrs. Ramsay, as indicated above.

The supervisor of industrial insurance rejected both petitions upon the sole ground that they had not been made within one year after the deaths of the respective workmen. Following petitions for rehearing, the joint board sustained the supervisor in both cases. On appeal, the superior court affirmed the decisions of the joint board, holding in a single conclusion of law that, as the widow’s claims were not filed within one year, they were barred. The consolidated cases are now before us on the appeals of the two widows.

[412]*412Beginning with the case of’ Cole v. Department of Labor & Industries, 137 Wash. 538, 243 Pac. 7, we have repeatedly held that in industrial insurance appeals the courts are limited to the question or questions which, were actually decided by the department. This rule has been specifically applied where the department has rejected a claim without consideration of its merits, upon the ground that the statute of limitations had operated against the application. Taylor v. Department of Labor & Industries, 175 Wash. 1, 26 P. (2d) 391. We are therefore limited to the one question, namely, whether the one-year limitation provision contained in Rem. Rev. Stat., § 7686 [P.P.C. § 706-1], is applicable to the claims of Mrs. Ramsay and Mrs. Miller for any compensation which was due their husbands at the time of the latters’ deaths and remaining unpaid.

Rem. Rev. Stat., § 7686, was originally enacted as § 12, chapter 74, Laws of 1911, where it carried the heading, “Filing Claim for Compensation.” Subdivisions (a), (b) and (c) of that section require a workman, or others claiming compensation under the act, to file an application with the department. Subdivision (d) provides that:-

“No application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which the injury occurred or the rights of dependents or beneficiaries accrued.”

Subdivision (e) relates to the failure of physicians to file reports, and has no bearing upon the present problem.

The context of this section, considered by itself or read as a part of the act as a whole, plainly indicates that the “application” referred to in subdivision (d), setting up the statute of limitations, is any “application” filed pursuant to the preceding subdivisions (a), (b) or '(c) of Rem. Rev. Stat., § 7686. If the kind of request for payment now before us is not covered by any of those preceding subdivisions, it must accordingly be held that such request is not covered by the one-year limitation set out in subdivision (d). This conclusion is compelled by the familiar rule of statutory construction that the express mention of one thing will be taken to imply the exclusion of another thing, expressio unius est [413]*413exclusio alterius. State ex rel. Port of Seattle v. Department of Public Service, 1 Wn. (2d) 102, 95 P. (2d) 1007; 50 Am. Jur. 238, Statutes, § 244. It is therefore necessary to determine whether the requests for payment here under consideration fall into any of those categories.

Subdivision (a) of the section provides that “where a workman is entitled to compensation ... he shall file . . . his application . . . ” Since the requests for payment under review are not prosecuted by injured workmen, they cannot be regarded as applications filed pursuant to subdivision (a).

Subdivision (b) reads as follows:

“Where death results from injury the parties entitled to compensation under this act, or someone in their behalf, shall make application for the same to the department, which application must be accompanied with proof of death and proof of relationship showing the parties to be entitled to compensation under this act, certificates of attending physician, if any, and such proof as required by the rules of the department.” (Italics ours.)

This subdivision relates to claims for compensation due to the parties entitled to it. These are new and original rights, personal to such beneficiaries and dependents, accruing upon the death of the workman. Beels v. Department of Labor & Industries, 178 Wash. 301, 34 P. (2d) 917; McFarland v. Department of Labor & Industries, 188 Wash. 357, 366, 62 P. (2d) 714.

Subdivision (c) reads as follows:

“If change of circumstances warrants an increase or rearrangement of compensation, like application shall be made therefor. No increase or rearrangement shall be operative for any period prior to application therefor.”

This subdivision relates to applications for increased compensation and to reopen claims which have been closed. Fuller v. Department of Labor & Industries, 169 Wash. 362, 13 P. (2d) 903.

Appellants, on the other hand, are proceeding, not under subdivisions (a), (b) or (c) of Rem. Rev. Stat., § 7686, but under the provisos of Rem. Rev. Stat., § 7684 [P.P.C. § 705-[414]*41417]. The first ..part of the latter section provides that rights personal to a claimant are not assignable and abate upon the death of such claimant. Ray v. Industrial Ins. Comm., 99 Wash. 176, 168 Pac. 1121. In 1919 and 1923, provisos were added to the section under which the department is required, in certain instances, to pay to the widow compensation due a workman and unpaid at the time of his death. Laws of 1919, chapter 131, § 6; Laws of 1923, chapter 136, §4.

The workmen in question had already filed claims for compensation in full compliance with Rem. Rev. Stat., § 7686. Those claims had been approved by the department.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Watt v. Weyerhaeuser Co.
573 P.2d 1320 (Court of Appeals of Washington, 1977)
Bradley v. Department of Labor & Industries
329 P.2d 196 (Washington Supreme Court, 1958)
Mikolich v. State Industrial Accident Commission
318 P.2d 274 (Oregon Supreme Court, 1957)
Ramsay v. Department of Labor & Industries
218 P.2d 765 (Washington Supreme Court, 1950)

Cite This Page — Counsel Stack

Bluebook (online)
218 P.2d 765, 36 Wash. 2d 410, 1950 Wash. LEXIS 308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramsay-v-department-of-labor-industries-wash-1950.