Booth Fisheries Co. v. Industrial Relations Comm’n, 271 U.S. 208 (1926)

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Booth Fisheries Co. v. Industrial Relations Commission of Wisconsin

No. 313

Argued May 5, 1926
Decided May 24, 1926
271 U.S. 208

ERROR TO THE SUPREME COURT

OF THE STATE OF WISCONSIN

Syllabus

1. The Wisconsin Workmen’s Compensation Act, (Ls.1921, §§ 239 19) which makes the findings of fact of the Industrial Commission conclusive if there be any evidence to support them, does not thereby violate the rights of an employer under the Fourteenth Amendment by depriving him of a judicial review of the facts on which an award is made against him, because the Act is elective and does not bind an employer who has not voluntarily accepted its provisions. P. 210.

2. An employer who has made such election, accepting the burdens of the Act with its benefits and immunities, is estopped from questioning its constitutionality. P. 211.

3. Ohio Valley Water Co. v. Ben Avon Borough, 253 U.S. 287, distinguished. P. 211.

185 Wis. 127 affirmed.

Error to a judgment of the Supreme Court of Wisconsin sustaining an award under the state Workmen’s Compensation Act.