ROSELLINI, J.
The appellant was injured on August 10, 1954, while engaged in extrahazardous employment, and filed a claim with the department of labor and industries August 17, 1954. Thereafter he elected to pursue his common law remedy against the third party who was responsible for the accident. He received no compensation or payment of medical expenses from the department. His tort action resulted in a compromise, whereby he received $68,500, an amount admittedly...
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