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State Compensation Insurance Fund v. Industrial Acc. Com.

Court of Appeal of California, Second District, Division Two
Jan 17, 1935
3 Cal.App.2d 665 (Cal. Ct. App. 1935)

Opinion

Docket No. 10030.

January 17, 1935.

PROCEEDING to review an award of the Industrial Accident Commission. Award annulled.

The facts are stated in the opinion of the court.

F. Britton McConnell for Petitioners.

Everett A. Corten and Emmet J. Seawell for Respondents.


[1] Respondent Phillips in May of 1933 applied to respondent county's welfare department for work which was "relief work only and for charitable purposes". After an investigation into his financial status, the county gave Phillips a relief work order and assigned him to work wrecking an elementary school building under a foreman employed by petitioner school district. While so working he received an injury for which award was made. Payment for such labor was by the county from funds furnished at least in part by a federal agency for relief work projects. Petitioner school district did not select the men, fix their hours or pay or number of days' work.

Under the facts respondent Phillips was not an employee under the Workmen's Compensation Act. ( McBurney v. Industrial Acc. Com., 220 Cal. 124 [ 30 P.2d 414]; County of Los Angeles v. Industrial Acc. Com., 2 Cal.App. (2d) 614 [ 38 P.2d 828].) He was not an employee of the school district, and under the cited cases the award is illegal.

Award annulled.

Stephens, P.J., and Crail, J., concurred.


Summaries of

State Compensation Insurance Fund v. Industrial Acc. Com.

Court of Appeal of California, Second District, Division Two
Jan 17, 1935
3 Cal.App.2d 665 (Cal. Ct. App. 1935)
Case details for

State Compensation Insurance Fund v. Industrial Acc. Com.

Case Details

Full title:STATE COMPENSATION INSURANCE FUND et al., Petitioners, v. INDUSTRIAL…

Court:Court of Appeal of California, Second District, Division Two

Date published: Jan 17, 1935

Citations

3 Cal.App.2d 665 (Cal. Ct. App. 1935)
40 P.2d 277

Citing Cases

County of Los Angeles v. Workers' Comp. Appeals Bd.

The Court of Appeal cases which followed the holding of McBurney include: Martin v. Indus. Acc. Com. (1934)…

State Compensation Insurance Fund v. Industrial Accident Commission

[1] Respondent Stock was given a relief work order by respondent county and while working thereunder was…