Editor's Note

Former 42-1-510 was entitled "Defenses which are not available to employer who is not under Title" and was derived from 1962 Code Section 72-118; 1952 Code Section 72-118; 1942 Code Section 7035-17; 1936 (39) 1231.

Prior to repeal, Section 42-1-510 read as follows:

"An employer who elects not to operate under this Title shall not, in any suit at law instituted by an employee subject to this Title to recover damages for personal injury or death by accident, be permitted to defend any such suit at law upon any or all of the following grounds:

"(1) That the employee was negligent;

"(2) That the injury was caused by the negligence of a fellow employee; or

"(3) That the employee had assumed the risk of the injury."