California Courts of Appeal, 1935

State Compensation Insurance Fund v. Industrial Accident Commission

California Courts of Appeal · Decided January 9, 1935 · Civ. No. 9947 · Crail

3 Cal. App. 2d 532; 39 P.2d 870; 1935 Cal. App. LEXIS 312

Cases that cite this one

3 later published cases cite this decision.

County of Los Angeles v. Workers' Compensation Appeals Board (Cal. 1981)
State Compensation Insurance Fund v. Industrial Acc. Com. (Cal. Ct. App. 1935)
City of Los Angeles v. Industrial Accident Commission (Cal. Ct. App. 1935)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

CRAIL, J.

A. H. Christensen was injured while receiving work relief “as an open welfare case”. Except as to dates and names the facts are identical with those in the case of McBurney v. Industrial Acc. Com., 220 Cal. 124 [30 Pac. (2d) 414], Under the rule established in that case he was not an employee within the meaning of the Workmen’s Compensation Act. The contention, based on recent amendments to the act which are designated as sections 8(a) and 12*4, that because Christensen was required to work and received cash as part of said aid relief, he was an employee, is fully answered by the case of County of Los Angeles v. Industrial Acc. Com., 2 Cal. App. (2d) 614 [38 Pac. (2d) 828]. As Christensen was not an employee, he was not entitled under the law to compensation.

Award annulled.

Stephens, P. J., and Willis, J., pro tem., concurred.

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