LOS ANGELES COUNTY v. INDUSTRIAL ACCIDENT COMMISSION

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District Court of Appeal, Second District, Division 2, California.

LOS ANGELES COUNTY v. INDUSTRIAL ACCIDENT COMMISSION et al.

Civ. 10086.

Decided: December 28, 1934

Everett W. Mattoon and Fred M. Cross, both of Los Angeles, for petitioner. Everett A. Corten, of San Francisco, for respondent Industrial Accident Commission.

On November 22, 1933, respondent Munguia, who was at that time receiving aid as a county welfare case, was given a work order by the charities department of petitioner, and while thus engaged suffered injury for which award was made.

The questions here presented are identical with the case of County of Los Angeles v. Industrial Accident Commission & Jones, 38 P. (2d) 828, in which we concluded that such an award was improper because the injured party was not an employee under the Workmen's Compensation Act (St. 1917, p. 831 et seq., as amended).

Award annulled.

STEPHENS, Presiding Justice.

We concur: SCOTT, Justice pro tem.; CRAIL, J.