1. The Workmen's Compensation act (section 23 f) merely provides that the employer shall file with the third person wrong-doer a statement of the compensation agreement or award. Such filing can be done through an agent. The act does not require any notice of claim to be filed.
2. The employer may authorize an agent to act for him in filing such a statement with the third person wrong-doer, the intent of the act being to apprise the wrong-doer that the employer makes claim under the law for a deductible amount from a judgment recovered against such third person.
3. In passing the Workmen's Compensation act the legislature provided only that the employer shall be entitled to receive from the third person wrong-doer the amount of compensation payments which the employer has paid when the judgment against the wrong-doer is in excess of the compensation award. In the instant case, the employer paid nothing to its employe's dependents, all weekly payments having been paid by the insurance carrier direct to the dependents, and therefore the employer is not entitled to have the third person wrong-doer retain for the employer's benefit any part of the judgment recovered against it.
4. The Workmen's Compensation act extends no relief to the insurance carrier either by way of subrogation or reimbursement.
5. The fact that the employe's dependents accepted weekly payments direct from the insurance carrier raises no implied contract or agreement, either in law or in equity, that said dependents will reimburse the insurance company out of the judgment recovered against the third person wrong-doer.
6. P.L. 1918 ch. 149, has as its general object the establishment of a workmen's compensation bureau for the settlement of claims arising under the act which it supplements. It does not provide that payment of a compensation by an insurance carrier is to be deemed payment by the employer.
PER CURIAM.
The decree appealed from will be affirmed, for the reasons stated in the opinion filed in the court below by Vice-Chancellor Fielder.
For affirmance — THE CHANCELLOR, TRENCHARD, PARKER, LLOYD, CASE, BODINE, BROGAN, VAN BUSKIRK, KAYS, DEAR, KERNEY, JJ. 11.
For reversal — WELLS, J. 1.